行政機關의 개념과 종류―行政組織法의 기초개념 재검토―

‘Administrative organ(Verwaltungsorgan)’ is one of the most frenquently used basic concepts throughout the whole phases of administrative law. However, definition and classification of administrative organ in Korean administrative jurisprudence have some defects. As of definition of administrative organ, two different concepts thereof ― administrative organ in activities viewpoint and that in organizational viewpoint ― are mixed, which is in a sense inevitable because of the terminology of laws in effect and everyday usage of citizens. Though the latter have been used as the juristic concept of administrative organ, existing definitions thereof are not optimal in logical and educational terms. Thus the writer suggestss a new definition; “each position in an administrative office which has been authorized to act on behalf of the sate or local governments.”As of classification of administrative organs, some of Korean administrative law scholars do not present the criteria of classification and some, in spite of the presented criteria, use mixed criteria in a single classification scheme. Especially the classification of administrative organs in terms of function has, in addition to the problem of mixed criteria, a critical flaw that the objects of the classification are not administrative organs but offices. The writer suggests that this classification be excluded from classification schemes of administrative organs. If administrative organization means material basis of administrative activities, it is a prerequisite for good administration to construct the administrative organization appropriately. And for that purpose exact understanding of administrative organization is essential. Korean administrative law community is expected to have enlarged interest in administrative organization and go through lively discussion of administrative organization law issues.