Administrative Agencies Research Articles

Ultimate Price: The Value We Place on Life

Ultimate Price: The Value We Place on Life

Voice of the Silenced Peoples in the Global Cold War: The Assembly of Captive European Nations, 1954–1972

Voice of the Silenced Peoples in the Global Cold War: The Assembly of Captive European Nations, 1954–1972

적법절차원칙 구현을 위한 청문제도 운영 방안

Under the Administrative Procedure Act(APA), as a due process for intrusive administrative measures, we require the interested parties to be given prior notice of the disposition and an opportunity to submit their opinions, and to hold hearings in exceptional cases where other statutes stipulate that hearings be held. An administrative hearing is understood as a trial-type fact-finding process. However, more often in Korea, it is operated as mere an oral-opinion-submission procedure rather than a trial-type fact-finding procedure. As a result, administrative agencies do not show much interest in guaranteeing the independence of the hearing examiners in the operation of the administrative hearing. Recently in the increasing number of cases a hearing examiner is selected from among experts such as lawyers or professors. However, Korea’s APA still permits the selection of hearing examiners among general administrative officials or former public officials. Even if the civil servants selected as the presiding officer of the hearing belong to a different department from the adjudicating department, it is difficult to expect independence from the adjudicating department due to frequent rotation within the office. In addition, even in the case of selecting a hearing examiner from among external lawyers, the adjudicating department often intervenes in the selection process, and there is a risk of conflict of interest, making it difficult to expect independence. The most important thing in the administrative hearing is to have an independent hearing examiner listen to statements from both the agency staff and the interested party, collect evidence, check the facts, judge the applicability of the relevant laws, and present an opinion on whether to issue orders. To secure the independence of the hearing examiner, it is necessary to hire a full-time hearing officer selected from among those with certain legal experience. The hearing officer needs to be exclusively responsible for presiding over the hearing and protected from interference from the head of the disposition department or administrative agency. The recent revision of the Administrative Procedure Act not only expanded the subject of the administrative hearing but also introduced the hearing committee system. As a result, the burden of time and cost to pay for the administrative disposition procedure became much greater. However, the reality of administrative hearing in Korea is insufficient to guarantee the Principle of due process of law.

모의총포 및 사제폭발물에 의한 테러 발생 위험성에 관한 연구

On July 8, 2022, the world was shocked when the former Prime Minister of Japan was shot and killed by a homemade gun. In recent years, accidents by simulated guns or homemade explosives have occurred one after another. In Korea, where the management of firearms and explosives is relatively strict, firearms are being converted and traded illegally, and gun control, such as the death of a police officer due to a simulated gun, is at a dangerous level. Therefore, we will analyze the current state of management of simulated guns and homemade explosives, as well as improving the problems of the current Act on the Safety Management of Guns, Swords, and Explosives (hereafter, the Gunpowder Act). In addition, this study was conducted for the purpose of examining the possibility of being used in crimes and terrorism by unspecified majority and suggesting countermeasures. For this purpose, literature research and a case study were conducted as a research method. For the literature study, we reviewed academic journals, contributions, and government agency research reports for related prior research papers to derive areas that need improvement in reality by examining the regulations of the Guns and Explosives Act related corporations. In addition, we searched for publications published by newspapers or the National Police Agency, police white papers, and related data published by the National Assembly member's office, confirmed objective facts, and studied representative domestic and foreign cases that have occurred so far. As a result of this study, problems such as gun licensing, gun management, illegal possession/modification and smuggling of guns, education issues when obtaining permission to possess firearms, and non-compliance with safety rules were derived under the Guns and Explosives Act. There were also loopholes in gun management using 3D printers. As revealed in the case, these vulnerabilities can be used not only for simple crimes in the future, but also for terrorism. Therefore, as a further measure, it is necessary to establish and practically operate legal and institutional measures, measures of related institutions, administrative agencies, and legislative branches, and cooperative governance between the public, private, military, police and academia. In Korea, guns and explosives that can actually be used as weapons, such as guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows, are thoroughly managed under the Guns and Explosives Act based on a relatively stable state of security, so accidents are rare. However, there are legal and institutional problems that control this, and there are constant exposure to illegal activities, such as crimes caused by simulated guns and homemade explosives, which are not stipulated in the relevant laws. There is a possibility that these vulnerabilities may be used by domestic autonomous terrorist groups or groups linked to international terrorist organizations for terrorism targeting an unspecified majority. Therefore, in order to maintain the current state of security, it is necessary to prepare practical measures such as supplementation of legal and institutional devices such as the Guns and Firearms Act.

지방대육성법령상 지역인재 선발규정의 위헌성에 관한 연구

The Act on the Development of Local Universities and Colleges and Regional Human Resources (the “Act on Local Universities”) mandates local universities and colleges to allocate a fixed percentage or more of their admission quota to local applicants, identified in the Act as regional human resources. Such a mandatory admission system has the following ground for further unconstitutionality. First, Section 15(6) of the Act on Local Universities violates the rule against blanket delegation, because: (1) delegation is implemented when there is no need; and (2) no predictability can be recognized. In addition, the regulation section 10(3), promulgated under the Act on Local Universities, likewise does not provide any predictability, and the relevant provisions under the rule allow arbitrary interpretation and enforcement by the administrative agencies, violating the principle of clarity. Furthermore, the system at issue interferes with the local universities and colleges’ right to the autonomy of institutions of higher learning and the right to carry out necessary education to pursue an occupation of their choosing held by the applicants who have graduated from universities and colleges in the Capital city area, by violating the doctrine against over-inclusiveness, a basic doctrine the government must comply with whenever it attempts to interfere with the basic rights of citizens. Finally, the scheme under the Act on Local Universities violates the principle of equality, as it imposes the obligation of admitting local talents only upon local law-schools, not upon the law schools located in the Capital city and its suburbs. There is no reasonable justification for such a discriminatory treatment of law schools. Accordingly, the scheme of selecting local talents under the Act on Local Universities must be stricken down, or if the government wants to continue the system, there should be legislative amendments and improvements to the system. First, when the Act on Local Universities delegates legislative authorities to rule-making agencies, the legislature must specify the maxim ratio of local talent admission in the Act itself, and only the authority to determine detailed ratios shall be delegated. Second, the timing to implement the system must be specified in the rules, considering the possibility of local law schools’ failure to fill the mandated ratio. Third, the definition of local talents shall be enlarged to include those who have graduated from relevant local high schools. Here, it should be noted that the government, central or local, shall fully support such local talents financially so as for such students to focus only on pursuing their legal education. Fourth, the duty to admit local talents shall be imposed also upon law schools located in the Capital city and its suburban cities so that the burden is shouldered fairly.

행정절차법과 행정기본법의 관계 재정립

In the Korean Administrative Procedure Act, amended on January 11, 2022, substantive provision on public commitments (Zusicherung), disclosure of violations, and administrative plans were newly introduced. The Korean General Act on Public Administration and the Administrative Procedure Act have overlapping provisions such as the principle of trust protection and reporting. In addition, the Korean General Act on Public Administration has regulations that are confused with the principle of balancing in administrative plan as a criterion for exercising administrative discretion. As such, the General Act on Public Administration and the Administrative Procedure Act pose difficulties in their interpretation and application due to overlapping or similar regulations. Today, the procedural law not only performs a function of contributing to the substantive law, but also has independent functions such as securing democratic legitimacy and prior remedies, as well as enhancing administrative efficiency. Procedural law and substantive law are not separated completely, but complement each other organically. In that respect, the Korean General Act on Public Administration and the Korean Administrative Procedure Act should be complementary, and in the long run, they should be integrated. Until the integration is realized, it is necessary to prevent a contradiction between the General Act on Public Administration and the Administrative Procedure Act and to make partial amendments to enhance the completeness of each Act. First, in the Administrative Procedure Act, some provisions on ‘procedural principles’ should be prepared, and provisions on general principles of Administrative Act should be unified in the General Act on Public Administration. Since the provisions on the duty of faithfulness in the General Act on Public Administration are ambiguous, it is desirable to delete them and to regulate the principle of equality in relation to the so-called self-binding of the administration (Selbstbindung der Verwaltung). Second, the reporting system is stipulated in two ways in the General Act on Public Administration and the Administrative Procedure Act. In my personal opinion it is desirable to uniformly regulate the reporting system in the Korean Administrative Procedure Act. Considering the intrinsic function of the reporting system, the right to substantive review should be reserved. For this, the period of consideration must be established before the report becomes effective. In case of reporting violations of laws and regulations during this period, regulations should be prepared for the administrative agency to suspend or ban. Third, the content regarding the criteria for exercise of discretion in Article 21 of the General Act on Public Administration is inaccurate and also not legally justified. Discretionary action has nothing to do with the principle of balancing. Article 21 of the General Act on Public Administration should make it clear that discretion, not just balancing, should be exercised appropriately for the purpose of the given authority. Although automatic disposition was introduced in the General Act on Public Administration, the procedural regulations are not considered at all. In this regard, the Korean Administrative Procedure Act should revise the rules of procedure related to automatic disposition. The enactment of the Korean General Act on Public Administration is a new challenge in the history of Korean administrative law. To make this Act more useful, I think that it needs to be harmonized with the Korean Administrative Procedure Act, and in the long run, both laws should be integrated. For the enactment of such an so-called “integrated administrative code”, a forward-looking attitude and response from academia and administrative practice are needed in the future.

정부세종청사 도청 및 불법 촬영 대응을 위한 방호인력 활용 방안

This study aims to improve the overall security level of government buildings by deriving problems in response to wiretapping and illegal filming, which have large security vulnerabilities, focusing on the government complex in Sejong, where the largest number of central administrative agencies among government buildings reside. Its purpose is to provide basic data to contribute. In particular, among the protection personnel of the government complex in Sejong, I tried to suggest a countermeasure by using security officials who have not been studied much, and conducted a literature study that closely analyzes data such as wiretapping and illegal filming related laws. By analyzing this, problems with the introduction of regular wiretapping detection and illegal filming detection equipment and operational problems in response to wiretapping and illegal filming were derived. In relation to this, in this study, as an improvement plan for dealing with wiretapping and illegal filming, we prepare the basis for conducting wiretapping and illegal filming detection work, establish a new specialized team to respond to wiretapping and illegal filming, education and training of specialized institutions, continuous inspection through related institutions, and Facility supplementation was suggested, and the use of the research results is expected to greatly contribute to the improvement of the professionalism of government building security officials and the security level of government buildings.

ASSESSING A CONDITION OF TIMBER DEFECT FOR PERAK TRADITIONAL MALAY’S ARCHITECTURE: AN INITIAL STEP TO CREATING ENTITY RELATIONSHIP (ER) MODEL IN DATABASED MANAGEMENT SYSTEM (DBMS)

The significance value of Traditional Malay’s House is relying on its architecture and strength ability of timber building and reflect the cultural value to the society. The uniqueness of this house is on the use of timber material such as Meranti, Jati and Chengal which prominent as a robust, long lasting and not easy to deteriorate spontaneously. Numerous factor that affects to the timber material and make it deteriorate can possibly cause by external forces, biological agents, temperature and the poor standard of workmanship. An existing information is very crucial in a way to ‘boost up’ locality economy especially in the aspect of heritage tourism. Local authorities as an administrative agency can play an important role as an ‘information provider’ to the ministry in promoting the tourism sector if they have a comprehensive database. The primary issue of tourism data is no comprehensive information about the traditional Malay house at respective administrative area in terms of building performance as well as defect analysis as to ensure a sense of historical place is preserved successfully. The aim of this paper is to develop Databased Management System for Perak Traditional Malay’s House based on defect pattern at eleventh (11) nos. of Perak which focusing on Rumah Limas Bumbung Perak. Based on that analysis, it can be summarized that defect which often attacked a timber building, especially in tropical country especially in Malaysia was mainly caused by moisture problems and biological attack. A continuous exposure to these environmental agents and pests without proper maintenance and care with preventive measures will speedily decayed the buildings materials especially timber. Therefore, this paper is intended to explore a possibility of building condition assessment activity towards a data creation for database management system by exploitation a benefit of geographical information system (GIS).

An Assessment of Water Supply Governance in Armed Conflict Areas of Rakhine State, Myanmar

This study aims to analyze the actors and institutions for public water supply governance in armed conflict areas of Rakhine State, Myanmar. Using Stakeholder Salience Theory and Institutional Analysis of data collected from four participatory workshops and interviews with 160 water stakeholders from the four townships in Rakhine State, the findings revealed that although the water supply system is managed and governed by the state water authorities with the involvement of many administrative, political, and sectoral technical agencies and organizations, the non-formal community organizations such as ethnic armed military and religious institutions also have a strong interest in water supply and are considered dangerous actors in the water supply governance process. Diverse water actors held different perspectives and perceptions of water supply quality and quantity because of their different power holdings and political and economic interests. The state actors seemed biased on their positive performance, demonstrating their satisfaction with the current water supply governance, while community, private sectors, and household water users instead showed their dissatisfaction with the quality and quantity of the current water supply system, but they stayed neutral about the water supply governance performance. The research showed the complexity and dynamics of water actors’ powers and interests in armed conflict areas. In addition, there is a lack of socio-technical and financial capacity for the investment and maintenance of water distribution and collection infrastructure and facility, as well as water quality and quantity monitoring and evaluation. The study appeals to the development and peacebuilding organizations working in conflict areas to promote adaptive governance for community learning and adaptation to social-political and environmental change over time.

Method development for on‑site monitoring of volatile organic compounds via portable TD‑GC-MS: evaluation of the analytical performances of HAPSITE® ER instrumentation and thermal desorption sampling media

ABSTRACT Determining worker exposure to hazardous volatile organic compounds (VOCs) in air at levels exceeding the Permissible Exposure Limits and Recommended Exposure Limits established by the U.S. federal agencies of Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH), respectively, will continue to be an important part of environmental and occupational health risk assessments. The purpose of this work was to develop a reliable analytical method for rapid and on-site assessments of occupational VOC exposures using field-capable thermal desorption-gas chromatography-mass spectrometry (TD-GC-MS) instrumentation (i.e. the HAPSITE® ER). The experiments involved in this study included determining TD-GC-MS parameters suitable for efficient analyte separation and quantitation on the HAPSITE® ER, determinations of analyte mass loadings that cause mass spectrometer detector saturations, generation of calibration curves, estimations of the limits of detection (LODs) and quantification (LOQs), as well as desorption efficiency and relative response factor repeatability. The LODs using Carbopack™ B and Tenax® TA sampling media were estimated and ranged from 0.2–1.9 ng and 0.045–0.3 ng, respectively. The LOQs using Carbopack™ B and Tenax TA sampling media were estimated and ranged from 1.0–6.3 ng and 0.2–1.1 ng, respectively. We have developed a reliable analytical method for chloroform, benzene, trichloroethylene, and heptane using field-portable HAPSITE® ER instrumentation and Tenax® TA sorbent media. Reliable and accurate methods were developed for chloroform and trichloroethylene using Carbopack™ B sorbent media, however, this particular sorbent hadlow desorption efficiency and insufficient repeatability in relative response factors for many analytes. Our current and ongoing work in determining the uptake rates for analytes on Tenax® TA sorbent media will make the methods described herein applicable for on-site occupational VOC exposure assessments of chloroform, benzene, trichloroethylene, and heptane using either passive or active air sampling techniques.

A REVIEW ON ADVANCES IN PHARMACEUTICAL CO-CRYSTAL PREPARATION ROUTES, INTELLECTUAL PROPERTY PERSPECTIVE AND REGULATORY ASPECTS

As in recent years, due to the pervasiveness of poorly soluble APIs that demonstrates poor and erratic bioavailability, pharmaceutical cocrystal’s applicability to tailor the physicochemical properties has gained attention. Pharmaceutical cocrystal has been an exciting field of interest to researchers as this encouraged several regulatory bodies to create regulatory standards, which led to the approval of these crystals for marketing in various nations. With the upsurge in the growth of pharmaceutical cocrystals, the major concern is over the intellectual property perspective and regulatory status of cocrystals. With the new guidelines from the United States Food and Drug Administration (USFDA) and European Medicines Agency (EMA), the manufacturing and characterization of cocrystal have become less complicated. In this article, various preparation routes are mentioned along with this intellectual property perspective and regulatory perspective, including regulatory guidelines, which give an idea of whether cocrystals meet the criteria for patent eligibility and how they would change the current state of the pharmaceutical industry. Here, we also reviewed some recently approved patients on pharmaceutical crystals, which provided benefits over poor physicochemical property of drug substances and also enhanced the therapeutic effectiveness of that drugs.

Ghost companies and their relationship with money laundering, a corruption problem that attacks the Ecuadorian tax system

The research is based on the study of ghost companies as a means of money laundering, when these companies are constituted, a social, financial, legal and economic problem arises that affects the tax administration, the State and the citizens. Given this situation, concern arises in the entities that fight these crimes and with it the need to know the stages and techniques used when committing these crimes to detect and counteract tax fraud and corruption. The objective of the article is to analyze the economic effect of ghost companies and their relationship with money laundering through a bibliographic review to determine their impact on the Ecuadorian tax system. The methodology applied is quantitative-descriptive, the search for information was carried out in scientific journals and reliable sources, which allowed the creation of ghost companies to be identified as a technique used to commit money laundering, in the results it is observed that in what as of the year 2022, there are 1,038 records of ghost companies, with a greater concentration in the province of Guayas. As a whole, these companies have invoiced a total of 2,843,173,372 dollars. According to BASEL data, Ecuador has a high AML index and occupies position 24 on the list compared to Latin American countries. It was concluded that it is necessary for the Tax Administration and control agencies to establish strategies to mitigate the creation of ghost companies and the entry of money of dubious origin that endanger the country's economy.

Legal Reconstruction of State Administrative Court Decisions Execution Based on the Value of Pancasila Justice

This article discusses the factors that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently; and how to reconstruct the execution regulations of the PTUN decisions based on the values of Pancasila justice In a study using the constructivism paradigm and the method of the socio-legal research approach. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials related to the analysis of qualitative descriptive data. The results of the discussion show that the weaknesses that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently include 4 things, namely: (1) low compliance and legal awareness of the State Administration Agency or Official; (2) low legal compliance and awareness of the community; (3) the existence of the interests of state administration officials; and (4) there is an error in vision in the use of the authority of his position. Then, the Reconstruction of this regulation is as follows: paragraph (3) regarding the grace period for submitting an application for execution; Paragraph (4) regarding forced efforts, administrative sanctions are emphasized in the form of disciplinary action on dismissal from office; the addition of paragraph (5), regarding the synergy of the implementation of the decision; the addition of paragraph (6) regarding the contempt of court for officials and related parties who do not comply with the decision; paragraph (7) changes regarding hierarchical execution, to execution carried out by an executing agency; paragraph (7) is old, deleted because it is no longer using forced money, and administrative sanctions have been regulated in paragraph (4).

1349P A decade comparison of regulatory decision patterns for oncology products to all other non-oncology products between Swissmedic, EMA and FDA

Consensus of regulat. decisions on the same Marketing Authorization Application (MAA) are critical for many stakeholders. Regulat. decision patterns from Swissmedic (SMC), US Food & Drug Administration (FDA) and European Medicines Agency (EMA) were analysed separately for hemato-oncology products (OP) and non-oncology products (NOP).

European administrative networks, private networks and agencies: coexisting, cooperating or competing?

ABSTRACT Little attention has been paid to the relations between European agencies and regulatory networks in existing research, and the role of private networks has not been considered. This article fills this research gap and examines when sectoral bodies coexist, cooperate or compete. It develops a conceptual framework to map the diversity of sectoral bodies, and identifies mission- and resource-related explanatory factors for types of interaction. The qualitative comparison analyses a case with multiple public bodies (banking), as opposed to a case with agency and network structures as well as public and private bodies (electricity). The findings support arguments in existing research, namely that cooperation is driven by resource complementarity and mission overlap. Further, they point to the relevance of mission and resource rivalries as explanations for conflictual relations, and show that resource- and mission-related factors materialise very differently across distinct institutional settings. The conceptual framework paves the way for further cross-sectoral analysis of inter-organisational relations in the European administrative space.

1693P Incidence of NTRK genes fusion in adult brain tumours: A prospective cohort of 140 patients with cerebral gliomas and brain metastases

Oncogenic fusion of neurotrophin receptor tyrosine kinase NTRK1, NTRK2, or NTRK3 genes have been found in different types of solid tumours. Nevertheless, the incidence of NTRK gene fusions in these cancers remains quite unexplored. The treatment of patients with TRK fusion cancer with a first-generation TRK inhibitor (such as larotrectinib or entrectinib) is associated with high response rates (>75%), regardless of tumour histology and presence of metastases, and acceptable toxicity profile. Due to the efficacy of TRK inhibitor therapy and the recent Food and Drug Administration and European Medicines Agency approval of larotrectinib and entrectinib, it is clinically important to identify patients accurately and efficiently with TRK fusion cancer.

Evaluation of quality and readability of over-the-counter medication package inserts.

Over-the-counter (OTC) medication package inserts are vital references for healthcare professionals to make drug recommendations and influential education materials that patients commonly refer to when self-caring. However, little is known about the quality and readability of the OTC medication package inserts in China. This study aimed at evaluating the quality and readability of OTC medication package inserts. Package inserts of OTC medication were selected based on the market share and pharmacological category. The quality of the package inserts was evaluated based on standards adapted separately from the Chinese National Medical Products Administration (NMPA) and European Medicines Agency's (EMA) Working Group. The readability was assessed using the Patient Education Materials Assessment Tool (PEMAT) in conjunction with the Chinese Readability Index Explorer (CRIE). A total of 29 OTC medication package inserts consisting of 12 Western Medicine (WM) and 17 Chinese Tradition Patent Medicine (CTPM) package inserts were included. Overall, the OTC package inserts met 92% of the NMPA standards and 54% of the EMA standards. In terms of readability assessment using PEMAT, the overall median (interquartile range) understandability score was 38% (38-45%) and for actionability score was 40% (40-55%). The overall text reading level of package inserts measured by the CRIE, after removing some medical jargon, is equivalent to the median reading level for the 12th (9.5-12th) grade reading level. The quality of OTC medication package inserts was satisfactory under internal standards but poor under international standards. Some OTC pharmacological information is not provided due to lack of research, especially for CTPM. A more informative and comprehensive package insert may be needed to guide drug use decisions. OTC medication package inserts are not appropriate patient education materials in terms of readability. Additional materials may be developed to supplement package inserts for patient education for OTC medications.

Empirical Power and Type I Error of Covariate Adjusted Nonparametric Methods

In clinical trials, practitioners collect baseline covariates for enrolled patients prior to treatment assignment. In recent guidance from Food and Drug Administration and European Medicines Agency, regulators encourage practitioners to utilize baseline information at the analysis stage to improve the efficiency. However, the current guidance focused on linear or non-linear modelling approach. Nonparametric statistical methods were not focus in the guidance. In this article, we conducted simulations of several covariate-adjusted nonparametric statistical tests. Wilcoxon rank sum test is a widely used method for non-normally distributed response variables between two groups but its original form does not take into account the possible effect of covariates. We investigated the empirical power and the type I error of the Wilcoxon type test statistics under various settings of covariate adjustments commonly encountered in clinical trials. In addition to Wilcoxon type test statistics, we also compared simulation results to more advanced nonparametric test statistics such as the aligned rank test and Jaeckel, Hettmansperger-McKean test. The simulation result shows when there is covariate imbalance, applying Wilcoxon rank sum test without adjusting the covariates will become problematic. The survey of the covariate adjustments for varies tests under investigation gives brief guidance to trial practitioners in real practice, particularly whose baseline covariates are not well balanced.

법외노조 자치권의 법적 지위에 관한 연구

Workers are free to organize or join labor unions and are assured labor's three primary rights. The guarantee of workers' right to organize under the Constitution and the labor union under the Labor Union Act should be finished the report of the establishment by organizing independently with workers becoming the main body and by having the qualification of not conforming to the active and passive requirements with the aim of improving and maintaining the working conditions and of enhancing other workers’ economic and social position. The administrative agency's recent notification of non-legal union to teachers' union caused a considerable social controversy in relation to the existence of labor unions. This outlawed trade union notification system is what raises a fundamental question about the legal status of a trade union and is what determines the existence of labor unions under the leadership of the administrative authorities, thereby bringing about various constitutional problems. This system has problems such as the regulatory autonomy, the over-packing of risks, the excessive intervention by the administrative agency, and the weakening of workers' right to a trial. When a labor organization of meeting the substantial requirements for a trade union does not receive a certificate of the establishment report, it is considered to be just unable to get a certain amount of protection such as the labor dispute mediation and the application for relief of unfair labor practices, but to be capable of being protected general rights, which are recognized by the subjects of enjoying the basic labor rights. Also, an individual worker who is a member of the organization may apply to the Labor Relations Commission for relief in own name or in the name of the organization concerned when dismissal or other disadvantageous treatment thereof corresponds to an unfair labor practice. When an employer inflicts a damage by infringing on the legitimate unity activities of the organization, the organization needs to be regarded as being capable of claiming the damages for illegal activities.

행정업무운영제도에 관한 연구

Workers are free to organize or join labor unions and are assured labor's three primary rights. The guarantee of workers' right to organize under the Constitution and the labor union under the Labor Union Act should be finished the report of the establishment by organizing independently with workers becoming the main body and by having the qualification of not conforming to the active and passive requirements with the aim of improving and maintaining the working conditions and of enhancing other workers’ economic and social position. The administrative agency's recent notification of non-legal union to teachers' union caused a considerable social controversy in relation to the existence of labor unions. This outlawed trade union notification system is what raises a fundamental question about the legal status of a trade union and is what determines the existence of labor unions under the leadership of the administrative authorities, thereby bringing about various constitutional problems. This system has problems such as the regulatory autonomy, the over-packing of risks, the excessive intervention by the administrative agency, and the weakening of workers' right to a trial. When a labor organization of meeting the substantial requirements for a trade union does not receive a certificate of the establishment report, it is considered to be just unable to get a certain amount of protection such as the labor dispute mediation and the application for relief of unfair labor practices, but to be capable of being protected general rights, which are recognized by the subjects of enjoying the basic labor rights. Also, an individual worker who is a member of the organization may apply to the Labor Relations Commission for relief in own name or in the name of the organization concerned when dismissal or other disadvantageous treatment thereof corresponds to an unfair labor practice. When an employer inflicts a damage by infringing on the legitimate unity activities of the organization, the organization needs to be regarded as being capable of claiming the damages for illegal activities.