행정의 행위형식으로서의‘행정계획’개념에 대한 검토－헌법재판소 2000. 6. 1. 선고, 99헌마538등 결정,대법원 1982. 3. 9. 선고, 80누105 판결 및 대법원 2002.10. 11. 선고, 2000두8226 판결에 대한 평석－ (A Study on Nature of Administrative Planning)

서지정보

· 발행기관 : 건국대학교 법학연구소
· 수록지 정보 : 일감법학 / 26호 / 593 ~ 631페이지
· 저자명 : 황도수

초록

Usually the chapter of administrative planning is placed in the textbook among chapters which explain specific forms of individual administrative actions. Therefore, it seems that administrative planning is one specific form of administrative actions. In reality, according to the court law,administrative planning is not dealt as a specific form of administrative actions. The concept of administrative planning cannot explain common legal effects of individual administrative planning. Legal effects of a administrative planning should be determined with which form of administrative actions the planning is applied to. This essay is written for questioning of whether administrative planning is a specific form of administrative actions. First, I have checked if administrative plannings have their own individualistic legal requirements or legal effects, and it did not have their own specialism. In fact, it is cited that it is regulated individually according to ad hoc applied laws. Based on these evidences, administrative planning is hard to admitted as a specific form of individual administrative actions. It is true that administrative planning is too inclusive and also vague for people to recognize administrative planning as one form of the specific acts of administrative. Therefore, unlike many textbooks, ‘administrative planning’ should not be considered as one of specific forms of administrative actions. Finally, administrative planning should be considered individually as to requirements, proceeds, and legal effects.

영어초록

Usually the chapter of administrative planning is placed in the textbook among chapters which explain specific forms of individual administrative actions. Therefore, it seems that administrative planning is one specific form of administrative actions. In reality, according to the court law,administrative planning is not dealt as a specific form of administrative actions. The concept of administrative planning cannot explain common legal effects of individual administrative planning. Legal effects of a administrative planning should be determined with which form of administrative actions the planning is applied to. This essay is written for questioning of whether administrative planning is a specific form of administrative actions. First, I have checked if administrative plannings have their own individualistic legal requirements or legal effects, and it did not have their own specialism. In fact, it is cited that it is regulated individually according to ad hoc applied laws. Based on these evidences, administrative planning is hard to admitted as a specific form of individual administrative actions. It is true that administrative planning is too inclusive and also vague for people to recognize administrative planning as one form of the specific acts of administrative. Therefore, unlike many textbooks, ‘administrative planning’ should not be considered as one of specific forms of administrative actions. Finally, administrative planning should be considered individually as to requirements, proceeds, and legal effects.

참고자료

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