행정조사의 형사법적 한계설정

The meaning and function of ‘administration’ has also changed as the extending of the meaning and function of the State. Administrative means for guaranteeing each citizen or group's performance of duty have been concentrated on the effectiveness of administrative functions. Administrative investigation which is collecting the information for appropriate exercise of administrative action is essential for administrative action. Conventionally, these investigations were handled as facts or action does not result in a disadvantage for subjects which have been relatively neglected. In other words they have been so much indifferent to the infringement over each citizen or group's basic human rights. For example, the tax investigation of National Tax Service is called “investigation”, however, that results in very large disadvantages. If there are the penalties for violation of administrative regulations, it has overlapping area of criminal investigation. However, in some areas, this is done in the form of administrative investigation, in fact, in spite of the investigation of criminal procedure law. Through this way, administrative authority tries to avoid the strict format and procedure of criminal procedure law. From this perspective, we need to a special legal consideration for protection the people. Therefore we need to scrutinize administrative investigation system. This article points out the problems these approaches and suggests some method for improving protection.