행정법학에 있어서 법해석방법론에 관한 소고 - 이른바 ‘재판전제성’의 해석과 관련하여 -

Jurisprudence is the learning as a Methology. The character of learning in Jurisprudence is found in Methology. Methodology of jurisprudence deals with problem-solving and criticizes both unusefulness of problemsolving process and weakness of problemsolving way. The Administrative law has been being building now in both Korea(ROK) and the west. The Administrative law covers the Constitution and enormous law books which contains statue, ordinance, regulations and so on. The Administrative law is generally affected by Politics, Economics, Society, Culture. The Science of Administrative law should meet the Methodology of jurisprudence. This article targets the application of the Methodology of jurisprudence in Korean Administrative law. Firstly, Introducing the history of Methodology of jurisprudence. Generally the Methodology of jurisprudence leads the Methology of Statutory Construction. The Methology of Statutory Construction contains the Ordinary Tools(Language, Structure, History and Object of the Relevant Clause). This article emphasizes that the Methology of Statutory Construction should be applied to administrative law. Secondly, This article try to put the Methology of Statutory Construction to practical case which was great argument concerning the Construction of “At Issue in a Trial”. Through analyzing the argument with the Methology of Statutory Construction, this article concludes that the Methology of Statutory Construction is useful to construct the administrative law. Thirdly. This article suggests that the Methology of Statutory Construction shoud be adopt, developed and generalized.