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Control and Limitation of Discretion- focused on the cases -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 96(), pp.139-155
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2021
  • Accepted : November 22, 2021
  • Published : November 25, 2021

Cheong, Sa Eon 1

1장안대학교

Accredited

ABSTRACT

As the function of the welfare state is expanded, legislation and administration are more focused on protecting the rights and interests of the people, and the discretion of the administration plays a very important role in the administrative life relationship of the people. Therefore, the administrative agency is given discretion to select and decide the most purposeful form of action. If the administrative agency deviates or abuses discretion and violates the rights and interests of the people, it is reasonable to control such discretion. Generally, control is discussed around precedents in relation to control standards, such as legislative, administrative, and judicial control methods, and administrative basic laws have been enacted. However, control can have adverse effects. The problem with this adverse effect is the limit of control. Legislative control can undermine the resilience and rationality of administration, administrative control can infringe on the speed and activism of administration, and judicial control has limitations that can lead to a vacuum in the right relief. Therefore, the issue of discretion control of administration should be collected to prevent possible adverse effects and to make it more rational and objective exercise of discretionary power.

Citation status

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