영조물규칙의 법적성질에 관한 고찰
A study on the Legal Nature of Establishment's Regulation
김봉채(성균관대학교 법학연구소)
42권, 461~481쪽
초록
Establishment's regulation can divide by office and utilization regulations. Office regulation is administrative regulation, and utilization regulation is administration rule interiorly, and is not administration rule externally and maybe I think that it is condition of contract. About establishment utilization contract, Most scholars think public or private contract. Establishment is not only administrative organization's part for the purpose of executing public service but also it is an administrative organ. When we consider that utilization regulation play an part in the contract as a conditions, I think that it is reasonable to understand as a administrative contract. when we understand establishment utilization relation by administration contract, The person concerned are restricted by Establishment rule being admited to contract contents. Therefore, If anyone among person concerned of contract violates Establishment's regulation which is the condition of contract, become action that violate. The Supreme Court is judging that National dean reprimanding disobey to school regulations violates, it is establishment violation of a establishment's regulation justly. Conclusively, when we classify establishment‘s regulation by office regulation and utilization regulation, office regulation is administrative regulation and utilization regulation has double nature. first, It is administration rule interiorly, second, It is the condition of contract externally.
Abstract
Establishment's regulation can divide by office and utilization regulations. Office regulation is administrative regulation, and utilization regulation is administration rule interiorly, and is not administration rule externally and maybe I think that it is condition of contract. About establishment utilization contract, Most scholars think public or private contract. Establishment is not only administrative organization's part for the purpose of executing public service but also it is an administrative organ. When we consider that utilization regulation play an part in the contract as a conditions, I think that it is reasonable to understand as a administrative contract. when we understand establishment utilization relation by administration contract, The person concerned are restricted by Establishment rule being admited to contract contents. Therefore, If anyone among person concerned of contract violates Establishment's regulation which is the condition of contract, become action that violate. The Supreme Court is judging that National dean reprimanding disobey to school regulations violates, it is establishment violation of a establishment's regulation justly. Conclusively, when we classify establishment‘s regulation by office regulation and utilization regulation, office regulation is administrative regulation and utilization regulation has double nature. first, It is administration rule interiorly, second, It is the condition of contract externally.
- 발행기관:
- 한국토지공법학회
- 분류:
- 법학