프랑스법상 행정제재에 관한 연구

In French law, sanctions for the duty of obedience for administrative acts are divided into imposition of penalties, administrative enforcement, and administrative sanctions (in a narrow sense). It is necessary to capture the entire sanction of the duty of obedience for administrative acts as the concept of administrative sanction (in a broad sense). In French law, the imposition of penalties is divided into cases in which prosecutors prosecute in ordinary courts and cases in which administrative authorities prosecute in administrative tribunals. If the former is called a general punishment, the latter can be called an administrative punishment. French law does not know the concept of administrative order punishment. German law distinguishes between administrative execution (compulsory collection) for money payment obligations and administrative execution for other obligations, and classifies the latter into vicarious execution, compulsory money, direct compulsion, and immediate compulsion, but there is no such systematic distinction in French law. In particular, the concept of immediate compulsion cannot be found in French law. Under French law, where there is no general law on administrative execution, the administrative authority can carry out execution after receiving a judgment from the administrative tribunal in certain cases, and under certain conditions, it can carry out its own execution without the involvement of the administrative tribunal. Administrative sanctions (in a narrow sense) in French law refer to administrative acts that are broadly punitive, and one of them is a fine. As an implication of the above comparative law, we need to abolish the concept of administrative punishment, reconstitute our concept of self-execution with French legal understanding, and divide the concept of immediate compulsion in administrative execution into those belonging to administrative execution and those corresponding to police action. Administrative procedures need to be improved in order to strengthen the guarantee of the right to defense and the contradictory process required for administrative sanctions (in a narrow sense) such as civil penalties.