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A study on a provisional administrative act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 54(), pp.291-311
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이동찬 1

1강릉원주대학교

Accredited

ABSTRACT

Various administrative demands cannot fix the type of administrative actions. The figure of present standard administrative actions will be also changed greatly in the future. The purpose of this paper is to disclose this situations. It is common and usual that an administrative act by an administrative agency is supposed to be ultimately effective. But, such administrative agency often finds it difficult to make a final decision. A provisional administrative act is introduced to solve such problems. A provisional administrative act is conceived of as an administrative act that has an interim binding effect only until there is final and ultimate one. A provisional administrative act was originated from the leading case of the Federal Administrative Court of Germany. A provisional administrative act should be included in the scope of the general administrative act. A provisional administrative act occurs plentifully in territory of welfare administration, because a provisional administrative act has both temporality and flexibility. Consequently, a provisional administrative act makes the administrative agency to be flexible in doing an administrative act, and it can solve the problems of modern administration. Therefore, many researches about a provisional administrative act should become accomplished.

Citation status

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