행정질서벌의 효율성을 위한 법제도적 개선방안

The administrative agency is imposing administrative coercion, which is a direct means, and administrative punishment, which is an indirect means, as a guarantee of effectiveness of administrative actions. Considering the efficiency of the means of securing mandatory execution, the function of administrative punishment, which is an indirect means of securing effectiveness, is being strengthened than the existing direct means of securing effectiveness, as administrative functions are complicated and diverse. Administrative punishment is divided into administrative punishment and administrative order punishment. Administrative order punishment is the act of imposing fines on violators of administrative order with financial sanctions. The Act on the Basis for the Regulation of Violations of Public Order enacted under a new recognition of administrative order. Today, the administrative punishment, which used to be the center of administrative punishment, is being transformed into administrative order punishment as the non-criminalization and de-criminalization aspects of administrative law are emphasized in accordance with social changes and the times. This phenomenon requires the appropriateness and efficiency of administrative order punishment as a means of sanctioning it as the risk of causing excessive administrative order or escape to administrative order punishment of punishment is increasing. By law, imposing administrative order punishment causes many problems and confusion, such as the application of the law under criminal law, the standard for calculating fines, subject of imposition, prescription, and means of relief. In particular, problems such as the unification of sanctions, the excess of administrative order, the calculation of excessive amounts of administrative order, the redundancy of sanctions, and the collection of administrative order bees are being raised in terms of institutions. the aptitude of administrative order in this context In order to promote the appropriateness and efficiency of administrative order punishment in the context of the law, the problems arising from the issue of the Act on the Regulation of Violations of Public Order and the conversion of administrative punishment into administrative order were presented and the improvement measures were considered in a legal and institutional manner.