Earticle

초록

영어

In highly complex cities of today, people have no choice but to rely on the administration activities in all aspects of insurance of basic necessities as well as human rights, maintenance of wellbeing and systems, and preservation of a clean environment. In this situation, administration is required to be more proactive and aggressive rather than post-factum. In addition, as various desires for administration are increasing, the means and effects of achieving administrative goals have important significance. As long as we fail to ensure effective means to rectify and prevent violation or breach of administrative obligations, it is impossible to conduct the duties placed on the administration today. Therefore, the issuers of administration orders the duties by the law directly or by the administration dispositions under the law towards the recipients of administration to achieve administrative goals and when the object of administration fulfills the duty, the administrative objective is achieved. However, when the object of administration fails to fulfill the duty, the subject of administration should ensure the fulfillment of duties through means of enforcement to realize the administration goal and effectiveness of administration laws. The new means to insure the effectiveness of administration bear certain problems and limitations. In addition, if the administration demands and requests that are increasing, becoming diversified and complicated, are not fulfilled, a new administrative means to ensure effectiveness is introduced. Those new means involve surcharges, compensation, and additional payment. These have positive aspects to ensure the effectiveness of administration, and at the same time, become problematic legally and its allowance in imposing the relationship with other legal systems. Where allowing, the problem of procedural rules and means of redemption should be taken into consideration. Therefore, this study examines the significance and its legal characteristics of the surcharge system and Compensation introduced as the means to ensure effectiveness in administration laws and the status of the surcharge system as a means of regulation; and explores similar systems in terms of legal issues and Supreme Court decisions.

목차

Abstracts
 I. Introduction
 II. Types and characteristics of Korea's administrative penalty
  1. Additional tax
  2. Additional charges and heavy additional charges
 III. Contents and legal matters of surcharge system
  1. Establishment
  2. Types
  3. Surcharges and fines (criminal punishment)
  4. Surcharges and the issue of double jeopardy - The stance of Japanese courts
 IV. Attributes and legal issues of the indemnity system
  1. Indemnity system
  2. Transitions in the compensation collection system of the National Property Act
  3. Legal characters of compensation
  4. The relationship between claim for compensation and compensation for unfair profits gained by the infringer
  5. The requirements of imposing compensation and the relationship with compensation for unfair profits gained by the infringer
  6. Generous settlement
  7. Refusal of compensation claim in civil lawsuit
 V. Conclusion
 [References]

키워드

저자

• Ji-woong, Ryu [ Researcher of the Space Information Development Room at the Korea Laws Reform Institute ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  DONGGUK LAW REVIEW

• 간기

  반년간

• pISSN

  2287-9676

• 수록기간

  2012~2025

• 십진분류

  KDC 360 DDC 340