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KMID : 1142220070020010013
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Regulatory Research on Food, Drug & Cosmetic
2007 Volume.2 No. 1 p.13 ~ p.19
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Problems of Notes in the Drug Act and Cosmetic Act
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Kim Jung-Kwon
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Abstract
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The Understanding of “Gosi” is very confusing. “Gosi (Notes)” in general belongs under the category of the administrative rules. The court often regards some Gosi as (concrete) order (administrative decision), which is distinguished from abstract rule. “Gosi” in itself means to give notice. The form of “Gosi” itself is not so much important. If man regard Gosi itself as “non-legislative rule” or “Decree,” not only its confused shape but also disorder of administrative Law’s dogma comes. It is desirable to regard “Gosi” as legal form. “ Gosi” come true diversiform- “non-legislative rule,” “Decree,” “concrete order”. The Drug Act (and Cosmetic Act) has characteristic as “Risk Administrative Law.” It has problems of disharmonic and insufficient regulations. “Gosi” has similar problems of mechanism. “Gosi,” which has direct influence on citizen, should be free from “non-legislative rule.” It is necessary to identify such “Gosi” with “Decree.” This is the right time for a systemic modifying.
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