목촌 김도창 박사의 복리행정법

Traditionally in the field of Administrative Law, principals of Administrative Law (e.g., the state) were considered to need supervision and control as they may violate the rights and properties of individuals. But on the other hand, only the state is capable of correcting the side effects of a free market and securing and distributing public goods. Professor Do-Chang Kim was one of the first academics to gain insight on this issue and pave the way for transitioning into a system of Welfare Administrative Law and moving away from earlier paternalistic approaches. But it would be too soon to state that principles of a welfare state are as well established in Korea’s current administrative law system as principles of democracy or rule of law. We have now reached a point where we need to dissect the Welfare Administrative law system devised by Do-Chang Kim so that Public Provision Administrative law, Social Security Administrative law and Developmental Administrative law may develop with their own guiding principles and characteristics. More than anything, academics in the field of social security laws need to work together to build a coherent theoretical framework and substance. On the other hand, today, Neo-Liberalism has gained power, a phenomenon yet to occur at the time of Do-Chang Kim. Accordingly, privatization of the state functions have become evident while U.S.-style deregulation has gained prominence in Korean discourse on Administrative law. Hence, there is a need to establish proper regulation regarding privatization of state functions and deregulation. On the other hand, there is also a need to reassess such privatization of state functions and deregulation (that are being enforced based on notions of efficiency) through the lenses of administrative law theories.