韓國 行政法學의 形成과 展開 - 한말 개화기부터 광복 직후까지의 행정법학을 중심으로 -

Studies on the formation and development of Korean administrative law have been very insufficient. There was no systematic study on the development process of Korean administrative law going through the period of the Japanese colonial rule from the end of the Korean Empire period, and the administrative law formed in the era immediately after Korea’s liberation. The task of finding the origin of Korean administrative law is related to establishing the identity of administrative law. Administrative law in modern state has already begun at the end of the Korean Empire. The administrative law formed at the end of the Korean Empire period was in a shorter period of time, but it served as a bridge between the old Joseon Dynasty and the modern law of the West, and positively accommodated the modern ideas of the West before it entered the Japanese colonial era. Especially, “General Theory of Administrative Law” of Chang Hun-sik was a book published just before the Japanese colonial period, and although it had periodic limits, it was worth being evaluated as the first administrative law textbook in Korea. The “Administrative Law” of Ahn Kuk-sun was also the first translation of the administrative law in that it introduced the law of the West that had flowed into Japan at that time. The concept of administrative act, the discretionary act, local autonomy, administrative appeals and administrative litigation etc. were explained relatively accurately. However, the administrative law of the end of the Korean Empire period was limited in that it introduced the Japanese administrative law that had been introduced entirely from the West, and it was based on the bureaucratic national administrative law. The administrative law of the Japanese colonial rule was led by Japanese scholars, and became the means of the Japan’s colonial rule. In particular, it did not properly reflect the administrative law theory of Japan homeland, which developed rapidly during the 1920s and 1930s. Even after the Liberation from the Japanese colonial rule, the Japanese administrative law still had a great influence, but there was an attempt to build a democratic Korean administrative law out of the Japanese colonies. Hwang Dong-joon, a Director at the Ministry of Government Legislation of the Republic Korea, has already written a book 1947 and 1949 that almost completeed the general theory and detail of administrative law. His book, “General Theory of Korean Administrative Law” was the first administrative law textbook published immediately after Korea’s Liberation from the Japanese colonial rule. Hwang Dong-joon’s book, which has been relatively overlooked in administrative law academy, needs to be examined more closely. I hope that the historical study will lead to the opening of the field of scholarship that links the past, present, and future of administrative law in Korea.