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@article{ART001021151},
author={조만형},
title={A Study on the Limitation of the Police Power},
journal={Public Land Law Review},
issn={1226-251X},
year={2005},
volume={28},
pages={287-324}

TY - JOUR
AU - 조만형
TI - A Study on the Limitation of the Police Power
JO - Public Land Law Review
PY - 2005
VL - 28
IS - null
PB - Korean Public Land Law Association
SP - 287
EP - 324
SN - 1226-251X
AB - The general function of the police is to prevent public stability and maintain its peaceful order from any danger or jeopardy, and such is legitimate duties of the state. Exercising of the police power may be an intimidating cause to the fundamental human rights of the national, however, such human rights can never be protected without having maintained public stability and its peaceful order. Thus, when considering of this viewpoint, we can see that there has a nature of antimony in the function of the police power. So called "The theory of Reasonable Limit of the Police Power" is a principal law which should be applied only in case of exercising of the Police Power according to the General provisions that defined the duties of the Police. Such principle of proportion, in a vast terms, they said that the proportional relationship must be maintained relationally between objective realization and its means. On the other hand, the police discretion may be reduce to Zero. Such is the result of the Police function in the provisions of discretion which changes into the provisions of the Police Duties, and therefore, the police will have a duty to carry out specific conduct of the Police.Accordingly, there may generate a duties for the Police intervention, and in the premise of such situation, the police shall have a requisition right for intervention when treating violations. Such view points, as I studied and report hereinbefore, may be reasonable and appropriate to the Constitutional Law of States.
KW - police power;Reasonable Limit;principle of proportion;police discretion;Police intervention
DO -
UR -
ER -

조만형. (2005). A Study on the Limitation of the Police Power. Public Land Law Review, 28, 287-324.

조만형. 2005, "A Study on the Limitation of the Police Power", Public Land Law Review, vol.28, pp.287-324.

조만형 "A Study on the Limitation of the Police Power" Public Land Law Review 28 pp.287-324 (2005) : 287.

조만형. A Study on the Limitation of the Police Power. 2005; 28 287-324.

조만형. "A Study on the Limitation of the Police Power" Public Land Law Review 28(2005) : 287-324.

조만형. A Study on the Limitation of the Police Power. Public Land Law Review, 28, 287-324.

조만형. A Study on the Limitation of the Police Power. Public Land Law Review. 2005; 28 287-324.

조만형. A Study on the Limitation of the Police Power. 2005; 28 287-324.

조만형. "A Study on the Limitation of the Police Power" Public Land Law Review 28(2005) : 287-324.