행정강제의 정당화 근거와 한계

Administrative compulsory execution is one of the way to compelled by law if people do not fulfill duties in process of law enforcement. Compulsory execution has system to any other ways. But It has many functional limit compared with significance. As a result, it is urgent for us to exam and improve the administrative compulsory. It was common theory that imperium to people has a right of compulsory execution to realize imperium in the administrative compulsory execution. But it is a controversial that government can do compulsory execution without statutory authority. It is solve to interpret positive law beforehand, not permitted to draw compulsory execution from statutory authority to imperium. Imperium essentially has not possibility of compulsory execution. So enforcement to administration action is not essence of administration action, but effect attended by administration action within statutory authority. They make a general law, administrative compulsory law, in germany, but they restrictively allow the administrative compulsory execution and make use to criminal judicial power in france. Moreover they make it a rule to solve civil action in principle and restrictively allow to administrative agnes's execution. But Our administrative compulsory is similar to german but has not unificative and systematic common law. So, it has not the flexibility in choice of a compulsory measure. as a result, it was not to apply proportionality. And it has defective legislation and lacks systematic relation or rationality to each compulsory measure. To tackle this problem, first of all, we can solve to apply relational public law in indefinite administrative compulsory measure. If not relational public law, this once, we can solve to apply relational civil law. Most of all, we must modify administrative compulsory to common law as Germany. This can contribute to protect civil right though requirement and process of compulsory execution.