행정기본법에 따른 부관의 법리 연구

In administrative practice, various subordinate clauses are added to the main dispositions for purposeful administrative action. From the other side of the disposition, there are many cases in which these subordinate clauses have practical influence beyond the main dispositions. Subordinate clauses will be used more and more, in various ways. Until now, most of these regulations have relied on precedents and theories. But, The General Act on Public Administration was enacted and enforced in 2021, and It also stipulates that the subordinate clauses of the dispositions(Article 17). Therefore, the primary purpose of this paper is to organize the legal system for subordinate clauses by reviewing major precedents focusing on the General Act on Public Administration. Furthermore, issues that are not yet in the General Act on Public Administration, especially the effect and remedy of illegal subordinate clauses, and the problems of subsequent disputes were examined focusing on administrative practice, and solutions. If a subordinate clause is illegal, one may cancel encumbrances independently by an administrative litigation according to the current case law. Therefore, the criteria for judging the legal nature of the subordinate clauses should be more specific. In addition to Appeals Suit, it is also necessary to find ways to obtain relief for the rights of illegal subordinate clauses. More detailed public law regulations will needed, in order to subordinate clauses are not to be just a tool for administrative needs and efficiency. It is hoped that active discussions on the legal system of the subordinate clauses by the General Act on Public Administrative will continue.