A study of Concept of Public Establishment, Characteristic of Citizens' Utilization of Public Culture Hall on Cultural Administration Law

Abstract

Public culture hall is defined as "public establishment " on the Local Autonomy Law (LAL). This was however prescribed as "anstalt " before amendment of LAL in 1963. Anstalt had been formerly understood as an integrated institution of human-organization and establishment-system, whereas public establishment is apt to be emphasized on it's material side. Recently, public culture hall is demanded to point out clearly it's mission, purpose and target, and is also necessary to reconsider the concept of "anstalt " upon the enforcement of designated manager system. Therefore, this paper firstly examines the character of public culture hall as "anstalt ". When citizens want to use public culture hall, the hall concerns a permission for their application. And this permission is regarded as an administration act. However, application/permission should be understood as a contract substantially on a point of "leistungsverwaltung" (benefit-administration). Then, this paper secondary consider the characteristic of citizen's utilization of public culture hall on cultural administration law.