@article{ART001394430},
author={윤정화},
title={Principal of the Administrative Self-commitment},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={45},
pages={135-164}
TY - JOUR
AU - 윤정화
TI - Principal of the Administrative Self-commitment
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 45
PB - The Institute for Legal Studies Dong-A University
SP - 135
EP - 164
SN - 1225-3405
AB - In the homogeneous cases on the area of the discretionary decisions of
the past, an administrative agency bind to must treat the third parties as
same by itself. This principal is the administrative self-commitment.
This was formed a principle of the constitutional equality or a principle
of confidence protection in the civil law by grounds. Such a
self-commitment does grounds in an equal principle, and it is restriction
to the administration oneself comparison standard that it set. Therefore,
the self-commitment is a flexible restriction that can change this
standard for the future.
However, the theoretical discussion about the principal of the
administrative self-commitment whether an administrative regulation
become the law continues. The Supreme Court of Korea, and current
Constitutional Court of Korea has recognized that these legal principles.
This principal is introduced in all the textbook of Administrative Law.
Therefore, it is considered that the principal of the administrative self-commitment is accepted by sound reasoning.
As we know through a precedent, the principal of the administrative self-commitment will contribute to the protection of the personal right to equality by the control of the law under the increase of the administrative discretion
KW - Self-commitment of the Administration;Administrative Regulation;Discretion;Principle of Equality;Principle of Confidence Protection.
DO -
UR -
ER -
윤정화. (2009). Principal of the Administrative Self-commitment. DONG-A LAW REVIEW, 45, 135-164.
윤정화. 2009, "Principal of the Administrative Self-commitment", DONG-A LAW REVIEW, no.45, pp.135-164.
윤정화 "Principal of the Administrative Self-commitment" DONG-A LAW REVIEW 45 pp.135-164 (2009) : 135.
윤정화. Principal of the Administrative Self-commitment. 2009; 45 : 135-164.
윤정화. "Principal of the Administrative Self-commitment" DONG-A LAW REVIEW no.45(2009) : 135-164.
윤정화. Principal of the Administrative Self-commitment. DONG-A LAW REVIEW, 45, 135-164.
윤정화. Principal of the Administrative Self-commitment. DONG-A LAW REVIEW. 2009; 45 135-164.
윤정화. Principal of the Administrative Self-commitment. 2009; 45 : 135-164.
윤정화. "Principal of the Administrative Self-commitment" DONG-A LAW REVIEW no.45(2009) : 135-164.
