미국 행정법상 법규명령에 관한 연구

This article is to study on the notion and category of the legislative rules, focus on judicial review and legal effect of that in the U.S. administrative law system. In order to article’s purpose, reviewing the related provision in the statute and analyzing judicial opinion regarding legislative rules make the recognition of legal position and interpretation of legislative rules further advanced understanding in U.S. administrative jurisprudential system. On the basis of those reviewing, analyzing results, this article carries out the comparative law methodology that compares the korea’s administrative legislative instrument system with the american agency rule system and finds the improvements, implications of the korea’s administrative law and jurisprudential system. The 1st chapter contemplates the definition provision of Administrative Procedure Act regarding the agency rule and adjudication and reviews the scholar’s opinions on those. In addition to these study, 1st chapter researches the early U.S. supreme court opinion concerning the criteria of distinct between rules and adjudication. The 2nd chapter researches the views of american administrative law scholars concerning the criteria of distinct among the agency rules and critically reviews those views, focusing on the criterion regarding the legislative rules, non-legislative rules. Through this critical reviews, the author analyzes the pros and cons of the formal criterion, the substantial standard, and the delegation standard on the distinguishing among agency rules into legislative, non-legislative rules. The 3rd chapter researches the meaning of legislative rule legally binding effect by reviewing the court’s case opinion and scholarship commentary concerning that issues. Additionally this paper analyzes the judicial cases concerning the criterion of distinct between legislative rules and interpretative rules, general statement of policy, and procedural rules. The 4th chapter analyzes the scope of judicial review of legislative agency rules by reviewing the judicial cases concerning that issues. This analysis recognizes the binding degree of reviewing court and understands the judicial deference regarding the agency legislative rules. The 5th chapter summarizes the preceding studies concerning legislative rules legal issues, performs the comparative law methodology that compare the korea’s administrative legal system about the administrative legislative instruments with U.S.‘s those jurisprudential issues, and finds the improvements and legal implications concerning the administrative jurisprudential interpretations in korea.