一事不再理原則의 行政에서의 적극적 전개를 위한 試論

The principle of law-reservation is most densely adapted at infringement administration and it is loosely adapted at the provision administration. Likewise, Even though the effect of double jeopardy should be adapted in general action of state as a principle in constitutional law, it should be adapted differently according to the character of administrative action as a spectrum. Firstly, the principle of law-reservation doesn’t reveal itself in administrative action as the first judgement but reveals itself in modification of administrative action as a way of spreading the effect of double jeopardy. Secondly, the effect of double jeopardy should be spread itself in developing field of the binding force of revocation judgment. Above all it is not certain that the undescribed grounds for the agency's action have the binding force of revocation judgment, But it should be judged that they have the binding force on the ground of their potential status as judgement object. Next, concerned with the binding force of revocation judgment of administrative action of rejection the spirit of the effect of double jeopardy commands that the state power should be considerate in administrative action of rejection as in every action, thus it is not allowed that the grounds already existed before the said administrative action of rejection be presented for new administrative action of rejection regardless of identity of factual basis. Thirdly, the disadvantage from repeated legal process in vain should be taken as a legal profit, and it should taken into consideration in second legal process. Fourthly, the just above mentioned result should be adapted at the repeated administrative action. The above controversy is based on the effect of double jeopardy, which is on the way of fulfilling its liability of the authority concerned. The effect of double jeopardy commands a new points of view around the infringement by administration and undescribed controversies etc.