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A Study on Administrative Investigation in AmericanAdministrative Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 21(), pp.159-184
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Youngzo Kim 1

1상명대학교

Accredited

ABSTRACT

For proper exercise of the rights of administrative agencies, required informations need to be collected appropriately. All of administrative activities to collect needed information is referred as administrative investigation. It is general in the United States to classify the means of administrative investigation into administrative subpoenas, required reports, and inspection. In the United States, principles of judicial enforcement are established to protect the rights of individuals. In relation to the limitation of the administrative investigation, violation of the fourth amendment or the fifth amendment is often questioned. For the limitation of the administrative investigation, judicial foundation, lawfulness of the purpose of the investigation, association of the subject of the investigation and appropriateness of the range of the investigation are generally presented. The principles of warrant requirement and privilege against self-incrimination are also applied in some cases. However since 1940's, the judiciary system of the United States have shown flexible position in the application of the limitation of the administrative investigation.(주제어) 행정조사, 행정적 소환장, 출입검사, 사법적 집행의 원칙, 영장주의

KEYWORDS

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Citation status

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