개발행위 허가 심의대상The Ministry of Government Legislation’s statutory interpretation is a system that provides guidelines for uniform interpretation of laws and regulations for the execution of laws and administration within the executive branch, and does not have ‘legal binding power’ like a court’s final judgment.
Therefore, we would like to inform you that there are cases where the central administrative agency in charge of laws and regulations executes differently in consideration of specific facts, etc.
In addition, the Ministry of Government Legislation’s statutory interpretation is aimed at laws ‘at the time of statutory interpretation’, so if the contents of the law related to the statutory interpretation are changed, such as the law subject to interpretation being revised after the statutory interpretation, the contents of the statutory interpretation of the previous law will be different from the current law. Please refer to the current laws and regulations as this may not be correct.
In addition, according to Article 101 of the Constitution, judicial power belongs to the courts, so Article 26 (8) 2 and 11 (2) of the same Article of the Legislative Affairs Operation Regulations state that the Ministry of Government Legislation may interpret laws and regulations if there is an ‘established precedent’. It stipulates that there is no such thing.
Therefore, if there is a court decision that differs from the legal interpretation of the Ministry of Government Legislation, please refer to the court decision.
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