행정철학과 행정법학과의 대화 -헌법상의 공익 논의를 중심으로-

The ultimate goal of public administration is promoting the public interest. Therefore public interest becomes the valid base of the justification of the activities of public administration as well as the criterion of the evaluation of public administration. The representative academic fields for studying public interest are philosophy of public administration and public administration law. In the philosophy of public administration many studies on public interest have been made, but most of them are so abstract that they have many limitations for using those researches in the practical and concrete cases for making decisions of what public administration is. In order to get over those problems this article tries to find out practical and applicable public interest on the dimension of Constitution. Under the principle of 'Herrschaft des Gesetzes(rule of law)' public administration should be done according to the laws made in the Congress, and those laws should be adequate to the Constitution. Constitution shows us general principles of how to limit private interests of the people for public interest. In the free democratic country all the people have their rights to live their own lives without being intervened by others. But these rights are not always guaranteed without any limitation. These rights are sometimes limited under the name of public interest. According to the Korean Constitution all the rights of the people can be limited under the name of national security, social order and public welfare through the laws made in the Congress. However those laws cannot violate the essential factors of the rights. Through this provision we can find out when and how laws can limit rights of the people. This paper put emphasis on this clause of the Constitution and made explanation more in detail on this clause to find out concrete and practical way of solving problems of public interest in the concrete situation.