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A review on the relation of legal term conception and legalism in Korean administrative law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 78(), pp.197-212
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

WON JUNG KIM 1

1청주대학교

Accredited

ABSTRACT

For the development of a country and its society. the country has an authority to order and force the people to do what it enforces by the law. So, the people have obligations to do what the country orders and their rights are limited by the law. But, when restricting the rights of the people and imposing obligations to them, the country should be in accordance with the Constitution that guarantees the fundamental rights of the people. Unless it is, it could infringe on the fundamental rights. In this reason, placing restraints on the people's rights is strictly regulated by the law, which is legislated by the congress, The law stipulates related matters with the rights of the people so that the people should clearly understand the regulations in the law. To do so, the terms demonstrated in the law should be general and common sense. As a result, it accords with the purpose of legalism that the law pursues. In spite of that, the regulations in the current law of administration are so vague, even being stated in Chinese characters, that they are difficult to be understood. Therefore, they should be stipulated specifically and clearly. That is the basic thing to make sure the fundamental rights of the people. By doing that, the country is able to attain the purpose of the legalism. In conclusion, in order to achieve a law-abiding administration, this study suggests that the terms in the law should be stated in realistic words people usually use in their daily lives by limiting the usage of vague and abstract terms.

Citation status

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