경찰작용과 법률유보 -일반수권조항에 관한 논의의 재론(再論)-

The purpose of this study is to re - examine the discussion of the general authority clause under the police law perspective on the exclusive delegation doctrine. The consciousness of the problem in this study is that the discussions on the general authority clause under the police law have a practical meaning when it is based on the history and system of the German law. On the other hand, in our law, the same conclusions can be reached through the general theory of legal reservations, even if it is not based on the specially controversial concept and system of the general authority clause under the police law. The German police law distinguishes between the norm of mission and the norm of authority, and recognizes the general authority clause as the norm of authority. The logical basis for this is the general theory of legal reservations. In other words, the concept and system of the general authority clause under the police law, known to us, is the result of a special development of the exclusive delegation doctrine. under the German police law. Therefore, it is necessary to precede the discussion on whether the concept and system of the general authority clause under the police law should be accepted as an intrinsic element of our law before discussing whether there is a general authority clause under the police law in our law. The view that denies the existence of general authority clause under the police law in our law and the view that does not recognize the concept and system of general authority clause under the police law in our law have a big difference in methodology. The conclusion of this study is that the concept and system of the general authority clause under the police law is not an intrinsic element of our law. However, the arguments that have been tried in this study are not yet mature enough and will continue to be developed in the future.