명령․규칙에 대한 사법심사의 구조와 전망- 부수적 규범통제를 중심으로 -

In Korea, There are two kinds of judicial review of administrativerulemaking. The one is judicial review of the rules which have specificor concrete features('adjudicative rules'), the other one is judicial reviewof the rules which have general and abstract features('genuine rules'). Courts review the genuine rules in the course of the judicial review ofthe specific administrative adjudication which applies the administrativerule in question. This study focuses on the judicial review of genuinerules and suggests 5-step review doctrine which makes the characteristicsof the judicial review of genuine rules clear and provides a practicalguidance for lawyers. On top of that, this study reconstructs theseparation of powers doctrine in respective of evolutionary theory. Separation of powers can be used as a cooperative tools to enhance theefficiency of the evolution of laws. In this regard, the judicial review ofadministrative rulemaking is a feedback mechanism betweenadministration and court. Finally, this study creates a few institutionalalternatives to improve the feedback between administration and court.