행정기본법에 의한 행정법의 일반원칙 成文化 쟁점 검토

Abstract

Before the enactment of the GENERAL ACT ON PUBLIC ADMINISTRATION, administrative law had a circular system. The general principles as an unwritten source of administrative law have played a wide role as a central source of law in that system. The general principles have recently been codified with the GENERAL ACT ON PUBLIC ADMINISTRATION enacted. There were already some examples that the general principles as an unwritten source of administrative law were codified. However, the meaning of this codification is different from the past in that the general principles of administrative law, which were a large part of the existing administrative law, have been changed into a written source of law by the GENERAL ACT ON PUBLIC ADMINISTRATION which takes the form of general law. In this regard, it is necessary to examine the significance of codifying the general principles of administrative law by enacting the GENERAL ACT ON PUBLIC ADMINISTRATION. This study investigates the significance from various aspects. First, it analyzes the significance of codifying an unwritten source of administrative law by the GENERAL ACT ON PUBLIC ADMINISTRATION. Subsequently, the significance of codifying the general principles of administrative law is analyzed. The significance derived from this study could contribute to the complementary operation of the general principles as an unwritten source of administrative law and the general principles under the GENERAL ACT ON PUBLIC ADMINISTRATION. In addition, despite the fact that some general principles of the administrative law have been codified by the GENERAL ACT ON PUBLIC ADMINISTRATION, the general principles as an unwritten source of the administrative law are still expected to be actively operated as laws.