행정법상 공정력의 기능적 이해 : 루만 법체계이론의 관점에서

This study reinterprets the concept of Gongjeongryeok (the presumption of validity in administrative law) through the lens of Niklas Luhmann’s theory of the legal system. Moving beyond the conventional view that sees Gongjeongryeok as a mere legal exception or limitation, the paper conceptualizes it as a functional mechanism for systemic stabilization, grounded in the self-referentiality and formalism of the legal system. Gongjeongryeok refers to the legal effect whereby an administrative act—though potentially unlawful—retains provisional validity until it is formally annulled through proper legal procedures. This feature is closely linked to the logic of modern positive law, which manages social complexity and uncertainty by privileging procedural legality over substantive correctness. Drawing on Luhmann’s concepts of binary coding (legal/illegal) and operational closure, the study demonstrates how the legal system defers external value judgments and addresses unlawfulness only through its own internal procedures. Within this framework, Gongjeongryeok functions as an institutionalized deferment of legal judgment, stabilizing validity until the legal code is reprocessed. Moreover, it is interpreted as a systemic “valve” that absorbs tensions between legality and substantive justice, thereby deepening our understanding of legal formalism and autopoiesis in modern law. The paper ultimately seeks to reconceptualize Gongjeongryeok and its theoretical implications, contributing to a refined theoretical understanding of legal stability and procedural design.