행정처분기준설정의 법적 쟁점에 관한 연구 - 식품위생법상의 행정처분기준을 중심으로 -

Nowadays, the standards for administrative disposition serve as an important legal means of achieving the effectiveness of administration and the protection of citizens' rights and interests. Constantly changing and developing administration like a living organism requires the contents of laws and regulations governing such administration be changed accordingly. The standards for administrative disposition supplementing such laws and regulations must reflect the trends of such change thoroughly in such a manner that does not conflict with the upper laws and regulations and serves to promote citizens' rights and interests in harmony with the public purpose of administration by properly adjusting the degree of administrative measures. However, the standards for administrative disposition set pursuant to current laws and regulations have various problems, which lead to many difficulties in administrative practices and the protection of citizens' rights and interests. So, new standards for administrative disposition need to be established to solve such problems. In this paper, this study examines in detail the contents of the existing standards for administrative disposition and presents the policy measures to establish new standards for administrative disposition with a view to serving the security of transparency in the exercise of discretionary powers and promoting citizens' rights and interests. This study categorizes the standards for administrative disposition into general standards and individual standards and then presents the policy measures to apply such standards to the detailed areas of administration such as health law.