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A study on the Legal Nature of Establishment's Regulation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 42(), pp.461-481
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김봉채 1

1성균관대학교 법학연구소

Accredited

ABSTRACT

Establishment's regulation can divide by office and utilization regulations. Office regulation is administrative regulation, and utilization regulation is administration rule interiorly, and is not administration rule externally and maybe I think that it is condition of contract. About establishment utilization contract, Most scholars think public or private contract. Establishment is not only administrative organization's part for the purpose of executing public service but also it is an administrative organ. When we consider that utilization regulation play an part in the contract as a conditions, I think that it is reasonable to understand as a administrative contract. when we understand establishment utilization relation by administration contract, The person concerned are restricted by Establishment rule being admited to contract contents. Therefore, If anyone among person concerned of contract violates Establishment's regulation which is the condition of contract, become action that violate. The Supreme Court is judging that National dean reprimanding disobey to school regulations violates, it is establishment violation of a establishment's regulation justly. Conclusively, when we classify establishment‘s regulation by office regulation and utilization regulation, office regulation is administrative regulation and utilization regulation has double nature. first, It is administration rule interiorly, second, It is the condition of contract externally.

Citation status

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