초록 일부
There are complexity, multiplicity, speciality, and technicality as characteristics in modern administration. Therefore the necessity for pro post fac-to has been even more increased than ex post fac-...
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초록 전체
There are complexity, multiplicity, speciality, and technicality as characteristics in modern administration. Therefore the necessity for pro post fac-to has been even more increased than ex post fac-to. As a result, The importance of procedural regulations as well as substantial regulations in agency actions has protruded, which required the legislation of procedural regulation.
This procedural regulation can compensate non-existent or imperfect substantial regulation. Furthermore it obtains fairness, clearness, trust, democratization in modern administration.
The Administrative Procedure Acts have been legislated since World War Ⅰ. Under the trend, We have made constant efforts to legislate it since 1965. Finally, We legislated An Administration Procedure Act in 1996.
The purpose of this thesis is to analyze The Administration Procedure Act that is being executed today and the effect of fault and its remedy-possibility in administrative procedure.
First, the Administrative Procedure Act, being executed today, was made on the basic of the Administrative Procedure Acts of foreign countries and regulations which were legislated on individual statutes in Korea. So I analyze Administrative Procedure Acts of main foreign countries by their legislation order and statutes or past drafts which main administrative procedure was related to in Korea. I point out problems of the Administrative Procedure Act which is being executed today and suggest their improvements.
Second, because the Administrative Procedure Act was not legislated in the past, in case that procedural rights were not regulated in substantive law, Case Law and theories were focused on the guarantee of procedural rights. But now the procedural rights are guaranteed by legislation of the Administrative Procedure Act. So I urge that our main interests be focused on the effect of agency action and its remedy-possibility that has faults in administrative procedure in the future. Therefore, comparing Administrative Procedure Acts of main foreign countries with Case Law and theories which have been accumulated in Korea, I suggest direction of Case Law and theories in the future.
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