@article{ART001476561},
author={Lee, Dong-Chan},
title={A Study on the Improvement of Enforcement Fine in the Present legislations},
journal={Public Land Law Review},
issn={1226-251X},
year={2010},
volume={50},
pages={241-271}
TY - JOUR
AU - Lee, Dong-Chan
TI - A Study on the Improvement of Enforcement Fine in the Present legislations
JO - Public Land Law Review
PY - 2010
VL - 50
IS - null
PB - Korean Public Land Law Association
SP - 241
EP - 271
SN - 1226-251X
AB - Enforcement Fine is the System that obliger can be imposed on repeatedly until its obligation is fulfilled. Financial pressure can be effective to make obliger fulfill his own duty.
Enforcement Fine has more Psychological pressure than negligence fines and administrative forfeiture do, but the likelihood of infringement of the obligor’s rights may be increased.
Enforcement fine has been introduced on May 31st 1991 with the legislation of the Construction Act and has been adopted by 24 legislations after that.
The adoption of enforcement fine in the future legislations will be increased. Enforcement Fine is imposed when obligation isn't fulfilled after rectification order. If the duty to act is replaceable, execution by proxy should be practiced in general, but the enforcement fine could be used as supplement if execution by proxy is not adequate for the situation.
Enforcement fine in the existed law ,however, is adopted without enough examination. There is no clear criterion, and there are a lot of laws that need not to be introduced, and the problems in imposition and the appeal process of enforcement fine should be improved.
This thesis is research on these problems and improvements.
KW - 이행강제금(Enforcement Fine);시정명령(Rectification Order);대집행(Execution by Proxy);과태료(Negligence Fine);과징금(Administrative Forfeiture)
DO -
UR -
ER -
Lee, Dong-Chan. (2010). A Study on the Improvement of Enforcement Fine in the Present legislations. Public Land Law Review, 50, 241-271.
Lee, Dong-Chan. 2010, "A Study on the Improvement of Enforcement Fine in the Present legislations", Public Land Law Review, vol.50, pp.241-271.
Lee, Dong-Chan "A Study on the Improvement of Enforcement Fine in the Present legislations" Public Land Law Review 50 pp.241-271 (2010) : 241.
Lee, Dong-Chan. A Study on the Improvement of Enforcement Fine in the Present legislations. 2010; 50 241-271.
Lee, Dong-Chan. "A Study on the Improvement of Enforcement Fine in the Present legislations" Public Land Law Review 50(2010) : 241-271.
Lee, Dong-Chan. A Study on the Improvement of Enforcement Fine in the Present legislations. Public Land Law Review, 50, 241-271.
Lee, Dong-Chan. A Study on the Improvement of Enforcement Fine in the Present legislations. Public Land Law Review. 2010; 50 241-271.
Lee, Dong-Chan. A Study on the Improvement of Enforcement Fine in the Present legislations. 2010; 50 241-271.
Lee, Dong-Chan. "A Study on the Improvement of Enforcement Fine in the Present legislations" Public Land Law Review 50(2010) : 241-271.
