Earticle

초록

영어

Nowadays public welfare ideologies are situated in both the basic haman right and another basic part within all legal system. That kinds of public welfare concept is appeared that freedom of cancellation is a restricted principle by operating an idea within administrative acts's cancellation. And administrative acts's changed from beneficial administrative acts to infringement administrative acts.
Like as cancellations are official powers cancellation and cancellation of judgement. At once an effective administrative acts's flaw are existent or injustice. A Caused by cancellation of official powers are different from other cancellations. That's why acting an administrative office is cancelled even injustice by administrative acts. So we have to care of that cancellation's subject.
Specially Official powers of cancellation for beneficial administrative acts can't freely cancel as long as an existence of cancellation. And original cancellation of official power is not only canceled by administrative office which operates but also the competent authority can't get a cancellation without an express provision.
Effect of cancellation of official power have to be retroaction before that behavior wasn't existence. But Those kind of situations potentially make already established legal-system break down and truster for good faith party betray. So we must decide to concrete comparative balances, natural effect of cancellation may not deservedly be retroaction. About Limiting cancellation of official powers, administrative office's behavior have to cancel generally but injustice action proceeding can't solve suitability of law. Because administrative office think about
vested interest of people, peace of legal living. And then Deciding cancellation is up to public good and vested interest of people which are related in protecting confidence and comparative balance.
Additionally although administrative acts have got a flaw, no one can do indiscriminately cancellation of official powers. Because this problem is related in peace of legal living. So Taking a concrete case that event was limited by profit balance and comparative balances. And administrative system needs to be improved.

목차

[ABSTRACT]
 Ⅰ. 序論
 Ⅱ. 行政行爲의 取消의 問題性
  1. 行政行爲의 取消의 槪念
  2. 取消權者와 取消權의 法的根據
  3. 取消의 法的要件
  4. 取消의 法的效果
 Ⅲ. 行政行爲의 職權取消의 限界
  1. 上級行政廳의 職權取消의 限界
  2. 上級行政廳의 指揮監督權의 限界
  3. 行政上苦衷處理制度의 存在意義
 Ⅳ. 結論
 참고문헌

키워드

저자

• 김충묵 [ Kim, choong-mook | 군산대학교 법학과 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  지역발전연구 [JOURNAL OF KOERAN REGIONAL DEVELOPMENT]

• 간기

  격년간

• pISSN

  1598-5334

• 수록기간

  2001~2021

• 십진분류

  KDC 309 DDC 300