총칙 마련을 위한 통고처분의 입법현황과 문제점 분석

Our country has one of the effective methods of national administration: It punishes the citizens, who violate the administrative law, with “The Fine Notice Disposition” or “Fine for Negligence.” The former procedure is in the middle of penalty and administrative restriction, and so many scholars have pointed out its problems. Nevertheless, many laws adopt “The Fine Notice Disposition” because it is still useful as an effective measure of administration in the tendency of strengthened power of administration caused by the explosive increase of administrative demand. Now our country has thirteen laws of five fields that have this system. This paper selects nine core items of “The Fine Notice of Disposition” shown in the above laws: the object, the requirement, the range of fine, and performance period etc. Plus, it points out the problems by comparing and analyzing the legislative situations of each law. After this research, we can see the necessity to enact a unifying law about “The Fine Notice Disposition”because the regulations are considerably different in the different fields even though they are implemented with seemingly similar items in the same administrative field. Lastly, this paper wishes the results of the legislative situational analysis of “The Fine Notice Disposition” could be used for the primary materials when establishing framework act on fine notice disposition.