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A Study on the Administrative Release

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 26(), pp.253-286
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김치환 1

1한국법제연구원

Accredited

ABSTRACT

The use of administrative release for administrative compulsion has not been known to us before. The administrative release, however, is very powerful compulsion means for offenders to perform the administrative duties these days. This administrative release often seems to be a week means for administrative compulsion. But it has very serious and strong effect actually. It would often threaten the human rights of offenders. It is why this paper tried to restrain the effect of administrative release on both sides of reality and legality. At the same time it is the reason why the measures of administrative release should not be used carelessly. Fundamental rights are to be protected even though they are violators. On the other hand, however, government should enforce laws to attain its goal, what we call, public interests. And in the process of pursuing the public interests government cannot help appealing to forced measures (administrative compulsion). The more powerful the forced measures are, the more easily government can attain its goal, controlling the offenders effectively. This is why government wanted to have strong enforcing measures administratively. Administrative compulsory measures should be so strong as to force offenders to perform their duties. Nevertheless It cannot be so strong as to threaten the human rights of offenders. So it is needed to harmonize the strength of administrative compulsion with the protection of fundamental rights of offenders.This paper has tried to research how to harmonize two conflicting sides above. The most important thing is not the legal effect but the real or social one of the administrative release. The actual effect does not fail to be noticed.

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