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A Study on the Improvement of Enforcement Fine in the Present legislations

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 50(), pp.241-271
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee, Dong-Chan 1

1강릉원주대학교

Accredited

ABSTRACT

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.

Citation status

* References for papers published after 2022 are currently being built.