'신행정법학'과 기본권 도그마틱

‘Administrative legal dogma’ and ‘dogma of constitution’ have been developed through administrative litigation and constitutional trials while accommodating social changes, technological development, and changes in administrative practice. In Korea, as the Constitutional Court has filled the vacuum of the relief caused by the limited types of administrative litigation, the fundamental rights doctrine formed through the constitutional trial has had a significant impact on the administrative legal dogma(so-called ‘constitutionalization of administrative law’). Evaluations of ‘constitutionalization of administrative law’ have been divided into various branches in the field of administrative law, and there have been suggestions to point out the problems and build an independent identity of administrative law. Nevertheless, It is difficult to deny the mutual relationship in terms of control of public administration. Meanwhile, the movement to establish a new direction for administrative law research has continued around Germany(so-called "new administrative law"). Looking at the ‘constitutionalization of administrative law’ from the perspective of ‘new administrative law’, the study of the fundamental rights doctrine can be worthwhile in that it can not only promote inter-disciplinary research because of the openness of constitutional provisions and the characteristics of the fundamental rights review, but also be research results on "general, abstract steering of nation". Since the new administrative law assumes that the recipient is legislator, not judicial institution, the possibility of securing their own identity in administrative law distinct from fundamental rights doctrine is clear.