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Implications of the French Public Service Law on Korean Public Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.967-996
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

JEON, JOO YEOL 1

1한국법제연구원

Accredited

ABSTRACT

How can you regulate the administrative institutions by law? The answer to this question depends on the concept you have of the state. In France, it’s been admitted that the nature of the administrative power is the service for public interest since about a century ago. According to this theory, the power is legitimated by the fact that it is dedicated to the public service. The rules which should be implied to this service, constitute the administrative law in France. This concept and its theory are so to call those of public service. Today, the idea of public service is one of the fundamental conceptions for the french administrative law. It implies, on one hand, that the law is based on the ideology conform to which they aware of the public authority bound in duty to serve the public. It means that the law consists of the norms to apply on the organization and execution of the services. This article is dedicated to characterize these significations of the french legal conception of public service from the point of view of Korean public law.

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