행정상 강제수단의 관계와 체계화 방안

This article aims to review what Administrative Compulsion is appropriate for a specific situation and whether it is satisfied the general Principles of the Administrative Law for pursuing the harmonization of private rights and pubic interests. Such an examination can be contributed to enhance legitimacy and acceptability of the administration by understanding the relation of several Administrative Compulsions systematically. The relations and systematic understandings concerning current Administrative Compulsions are as follows. First of all, there are some cases that an administrative agency’s imposition of duties is preceded. In case of a demolition, the Execution should be applied preferentially, and the Enforcement Fine should be considered complementally(Alternative duty to act). In case of a discard, closure and ejection, the Execution should be considered first, and after that the Direct Compulsion should be selected(Alternative duty to act). When a voluntary performance of duties is anticipated the Enforcement Fine can be applicable, but in case that a direct use of force is needed the Direct Compulsion should be applied(Irreplaceable duty to act, Omission duty, Duty to endure). If necessary, the Compulsory Collection can also be considered (Duty to pay). In the second place, In case of urgent circumstances that can not afford to wait an administrative agency’s imposition of duties along with inevitable situations to protect noticeable pubic interests, the Immediate Compulsion should be applied as a last measure. Also newly emerged Methods to secure performance of duties will be used selectively in accordance with those administrative purposes (Duty to act, Omission duty). Some has said that the General Legislation is required for the systematization of the Administrative Compulsions. However it is reasonable to maintain current Individual Legislation regulation system, because current system can ensure observing the Doctrine of Statutory Reservation and seems to be more effective measure to accomplish individual administrative purposes specifically. Furthermore, it is also necessary to continue the improvement works to supplement some deficiencies of current individual legislations on the ground of systematic understandings concerning the Administrative Compulsions.