@article{ART001446899},
author={Ko Heon Hwan},
title={- Constitutional limit of exerting police power by general empowerment clauseon police administration law -},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={49},
pages={363-386}
TY - JOUR
AU - Ko Heon Hwan
TI - - Constitutional limit of exerting police power by general empowerment clauseon police administration law -
JO - Public Land Law Review
PY - 2010
VL - 49
IS - null
PB - Korean Public Land Law Association
SP - 363
EP - 386
SN - 1226-251X
AB - As exerting police power is the most typical powerful administrative action, it must be generally held based on individual empowerment clause through constitutionalism, but when considering legislator's understanding and limit of ability to forecast to prepare for harm of various social phenomenon not having individual empowerment clause, general empowerment clause is needed. However, on police administration law, whether it is admitted or not is happening because general empowerment clause is not specified. since it is based on assumption that general empowerment clause is admitted, there are sometimes cases infringing the right of people and freedom by abusing police power and exerting police power for general empowerment clause, “keeping public peace and the order of society”, on police administration law. Because of causing a rift between the purposes of the police called the freedom of people, protection, public peace and the order of society, limit of exerting police power is issued how it will be mediated.
Therefore, this thesis examines theories and precedents whether general empowerment clause is admitted or not as a basis of using police power and considers limit of proportional principle, the principle of equality and principle of legal step and restriction of natural right which is general principles under constitutional law being against the limit on existing police administration law.
KW - 경찰권(police power);권력적 행정작용(powerful administrative action);법치주의(constitutionalism);개별적 수권조항(individual empowerment clause);일반적 수권조항 (general empowerment clause);적법절차의 원칙(principle of legal step);평등의 원칙(the principle of equality);비례의 원칙(proportional principle);기본권의 구속성(restriction of natural right)
DO -
UR -
ER -
Ko Heon Hwan. (2010). - Constitutional limit of exerting police power by general empowerment clauseon police administration law -. Public Land Law Review, 49, 363-386.
Ko Heon Hwan. 2010, "- Constitutional limit of exerting police power by general empowerment clauseon police administration law -", Public Land Law Review, vol.49, pp.363-386.
Ko Heon Hwan "- Constitutional limit of exerting police power by general empowerment clauseon police administration law -" Public Land Law Review 49 pp.363-386 (2010) : 363.
Ko Heon Hwan. - Constitutional limit of exerting police power by general empowerment clauseon police administration law -. 2010; 49 363-386.
Ko Heon Hwan. "- Constitutional limit of exerting police power by general empowerment clauseon police administration law -" Public Land Law Review 49(2010) : 363-386.
Ko Heon Hwan. - Constitutional limit of exerting police power by general empowerment clauseon police administration law -. Public Land Law Review, 49, 363-386.
Ko Heon Hwan. - Constitutional limit of exerting police power by general empowerment clauseon police administration law -. Public Land Law Review. 2010; 49 363-386.
Ko Heon Hwan. - Constitutional limit of exerting police power by general empowerment clauseon police administration law -. 2010; 49 363-386.
Ko Heon Hwan. "- Constitutional limit of exerting police power by general empowerment clauseon police administration law -" Public Land Law Review 49(2010) : 363-386.
