행정상 과징금제도에 관한 연구

Abstract

In Korea, the penalty system was first stipulated in the Monopoly Regulation and Fair Trade Act (the Monopoly Prohibition Act) in December 1980, but the definition of penalty is not immediately defined. Penalties have been stipulated as necessary in individual laws such as the Antimonopoly Act, but the concept was stipulated as a general provision in the Framework Act on Administration, which takes effect on March 23, 2021. Penalties are imposed as sanctions on persons who violate their obligations under laws and regulations (Article 28, Paragraph 1 of the Framework Act on Administration), which is a monetary sanction. According to the contents of Article 28 (1) of the Framework Act on Administration and Article 8 of the Antimonopoly Act and the aforementioned theory, fines are imposed as "administrative sanctions" to deprive illegal profits acquired due to violations of obligations under economic laws, not the type of punishment. Therefore, it is possible to combine fines and punishment. Penalty has been introduced and implemented mainly in the field of economic law, but recently, legislation using the penalty system is expanding in the field of environmental law. In other words, if it violates the laws of the environmental law, it should be suspended, but instead of continuing the business without suspending the business due to the public interest of the business, the penalty system is used. In this paper, the general theory of the penalty system as administrative sanctions is reviewed, and based on this, the contents, types, and legislative improvements of the penalty prescribed in the environmental law are considered. In other words, the government intends to investigate and analyze the fines stipulated in individual laws in the environment sector by type, subject to imposition, imposition and collection procedures, legislative improvement measures to secure the effectiveness of fines, and establish a system dedicated to fines and civil servants.