독일의 ‘신사조 행정법학’과 한국의 행정법학

The administrative environment and policy practice of Korea is quite different compared to that of Germany. However, as a plural society, the two countries have similarity in the aspect that the direction of the study of administrative law needs to be changed to a more appropriate direction for solving social problems. In that regard, I suggest that the so-called ‘New Administrative Law’ in Germany may provide new implications for administrative law research in South Korea. The New Administrative Law mainly investigates the ‘General and Abstract Steering of State,’ which is governed by a series of studies as follows: ‘Legislation including Administrative Legislation and Legislative Science,’ ‘Administrative Organization Law,’ ‘Special Administrative Law,’ ‘Interdisciplinary Research on Adjacent Disciplines,’ and ‘the Practically Appropriate Aspects and the Conditions of Regulation,’ referred to as ‘Regulated Self-Regulation or Ensuring State Theory. Looking at this in a Korean context, the court's norms control over administrative legislation, the Constitutional Court's norms control over administrative legislation (by constitutional complaint), and the results will be good nourishment for redesigning administrative legislation and administrative organization of Korea, in a direction more appropriate for solving problems in Korean society. To do so, I especially demonstrate that it is necessary to seek a new review standard that fulfills purposiveness beyond the previous review standards of administrative litigation and the fundamental right dogma of constitutional trials.