EU 행정법상 비례원칙 ― 그 적용과 기능을 중심으로 ―

The function of the principle of proportionality in EU administrative law can be evaluated in terms of theoretical aspects and constitutional law. First, it is necessary to examine, what the feature of the principle of proportionality as a general principle of law is. In other words, this principle of proportionality can be interpreted in many ways in the judicial decision to verify the legitimacy of administrative acts. Nevertheless, it shows some limits due to its functional aspects in the interpretation of law in the court. In this paper, we are going to find out some lessons through the analysis of the EU court's interpretation of this principle, how it affects each of the cases. So we can compare it with the principle of proportionality in the korean administrative law. The principle of proportionality is preferred to handle alleged conflicts between a personal interest and a public interest. This principle oriented from continental administrative law (especially german law) since the Second World War, which triggered a new wave of constitutionalism and liberalism. The essence of the principle of proportionality in the welfare state based on constitutional rights and freedom, which could be combined. This principle is also well known to European Court of Human Rights and international or national courts, which has been applied to the Court of Justice of EU. According to the EU court, the principle of proportionality in the administrative law is one of the general principles of law. This paper attempts to analyze the principle of proportionality, in which a clear and definitive analysis of the significance and the function of the principle could be found. In particular, the principle of proportionality is considered as means, with which we can not only fill out wholes in statutory law, but also find the predictability, the objectivity and the rationality in decisions of Administration. Through the empirical evaluation of judicial precedents of EU, it could be verified that the principle of proportionality could be applied relatively in a different way in many cases related to discretionary policy of administration.