행정법규상 벌칙규정의 법정형

The administration laws in Korea reach approximately more than 800. These laws have mostly “penal regulations” as sanction measure against the disobedience to duties for insurance of effectiveness of the law. In fact, penal regulations on the administration laws are applied frequently in practice. But statutory penalty of penal provisions on the administrative laws have many problems; first, penal provisions on the administrative laws and on criminal law are often overlapped; second, statutory penalty of the former are often prescribed more heavily than the latter in spite of the equal crime type; third, statutory penalty of penal provisions on the administrative laws are different each other in spite of the equal crime type; fourth, proper balance between imprisonment and fine punishment is not to maintained; fifth, some laws prescribe the ‘penal provision’ and some laws prescribe the ‘fine for negligence’ even though prohibited behaviors on the administrative laws prescribe equal crime types. This article analysis total 433 provisions that prescribed the unlawful interference with an public officer in the performance of his duty. A revised bill or an enacted bill of the penal provisions on administrative laws is proposed through many discussions, the active examination effort of the legislature is necessary in the examination process for the penal provisions on administration law, and it is necessary to study on the result of the legislation with a critical eye.