행정지도와 법률유보 및 구제에 관한 이론적 검토

Although the administrative guidance which is done by administrative subject through the consent or cooperation of administrative object has not received great attention in traditional theories of administrative law, it became one of the critical reviews modern administrative law because it appears in today's various administrative areas and the realistic functions are various. And the applicability of the principle of the administration by the laws especially the relation between the principle of legal reserve and administrative guidance has been reviewed theoretically. Traditionally, the administrative guidance has not a legal binding in the conventional theories on the administrative law, and it has not been regarded as having the given authority of the law. And it becomes to be treated as the object of administrative law because of functional importance nowadays. Therefore, it needs to analyse basis nature and legal procedure of administrative guidance to accurately seize the form of administrative act. It can be said that the requirements for the administrative guidance of administrative agencies are governed by the same principles regulating the inner authorities of administrative organization. Also the organizational norms with legal forms like administrative regulations are governing the authorities. Although the administrative guidance are non-legal act executing to private people and belongs to external relations, it also governs the legal principles of the administrative internal relations. So, it is reasonable to differentiate the legal relations surrounding the administration into administrative internal and external relations and to explain that the different legal principles governs each of that legal relations. Our administrative law has mainly persued security of fitness of law on the basis of traditional principles of administrative law. So people's interest infringed by non-powerful acts involving the administrative guidance could not be an object of relief. So, above all, it is important to study whether the relief of administrative guidance is possible.