행정법상 공익개념에 관한 고찰

The administrative law theory in modern welfare state is getting more interested in the reconstruction of the theory as the form for the realization of administrative purpose develops according to the characteristics of modern administration. Therefore, there are active discussions about the concept of interest in our administrative law. If the interpretation theory of the administrative law is formed without the details of the concept of public interest in the public, the administrative control based on the rule of law become insufficient. In this paper we concluded that many discussions are needed in the future by studying the concept of public interest in the administrative law. And not discussed it yet but posing a problem in the existing discussion which is considered to be representative of the concept of uncertainty. If the new light continues to be applied to the concept of public interest, which occupies a significant weight in administrative law, we think that the status of the right administrative law shall be established. In public administration and administrative law, the concept of public interest can be regarded as a starting point and a point of success. In this way, the public interest was not only important in political theory or administrative theory, but also was a concept in the actual law. Therefore, it was important to identify what was the public interest. It is not necessary to say again that this is a very undesirable phenomenon. In this sense, analysis of the concept of public interest in administration should be subject to normative evaluation and analysis as a concrete definition of constitutional value.