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A review on the transition administrative penalty to administrative order punishment

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 76(), pp.239-260
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Ko Heon Hwan 1

1제주국제대학교

Accredited

ABSTRACT

The administrative agency has imposed sanctions to ensure the effectiveness of administrative action by indirectly forcing the line of duty with respect to administrative duties in order violators. administrative punishment is drawn to divide administrative penalty and administrative order punishment. Today, social change and decriminalize sanctions for administrative offenses on administrative law and order duties in accordance with the flow of the times. According to decriminalization emphasized the cultural aspect was the administrative center of the administrative punishment has been converted into administrative order punishment. But there was cause many problems and confusion fondness targets, criteria and the amount of the administrative charge levied in as administrative order punishment. In particular, administration of excess administrative order punishment, calculation of the amount of the heavy administrative order punishment, there is the problem of sanctions, redundancy, etc. Paper. Moreover, the administrative transition to administrative order punishment of administrative penalties in this situation, there is a growing risk that could lead to the phenomenon of escape to the administrative order punishment of flooding, or punishment In this situation it is important to review the plans for the establishment of a government of transition administrative order punishment of administrative penalties to the effectiveness of the fundamental rights of citizens protection and ensuring effective than sanctions in administrative action, and is worth studying challenge. Therefore, in the transition to the administration of administrative punishments of administrative order punishment In this context, he raised the issue and was discussed about the establishment of a transition plan.

Citation status

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