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A Study on the The Administrative Order Punishment

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 78(), pp.169-195
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jae-Ho Kim 1,  Hae-Ryoung Kim 2

1충남대학교
2한국외국어대학교

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ABSTRACT

The Administrative Oder is different from the Administrative Punishment iompdssed as a judgment in the criminal trial in that theAdministrative Office can selfimpose the administrative Duty. There is a separate legal basis for penalties impdsed. It is defined in law of violation of oder establisched in 2006. It is alse recognized that thefine of nehligence is not required to be intentional and negligent of the actor, Hs com. However, the law on violation of the law can not impose a justificable reason for not knowing the existace of an administrative obligation. The Suprimcourt has adapted the provison of nonfines for persons and the age of 14 years, in cases where there ist no intention or fault of oder violation by accepting the opinion of the case, and it is recognized that the criminal law applies also to administrative oder. However, there is a need to improve the legal system for the concept of violation of oder, illegality, sculpture and remedy system of rights in the future. The trend of such a legal system means that the dependency between criminal law and administrative law is strengthend.

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