원자력행정에 있어서 재량의 절차적 통제 = A Procedural Control of Discretion in the Atomic-Administration

다국어 초록 (Multilingual Abstract)

As modem society becomes more diverse and complicated, the need of administrative law which is more professional and technical than the legislative law is required. The enlargement and technicalization of the administrative function has made not only that the legislative law cannot carry an effective deed but also that it is not appropriate to be dealt in the administrative work.
In the case of the violation of restrictive discretion, than activity is illegal. But free discretion activity is not an object of judicial review. According to the deviation and abuse of the administrative powers, the legislative body looks for a principle of law relating to the same activity of administrative power and has to make extentions for individual understanding.
And the limits of administrative discretion are not related to unification, so the administrative powers need to be restrained by procedural control and public good. For guaranting efficient administrative activity and security of the individual rights at the same time, administrative discretion will admit that proper discretion will be used in all matters no matter small or seemingly insignificant the scope may be.
And within the limits of administrative discretion, pertinent administrative powers will be exercised and then the efficiency of administrative and democratization of administration will be established.

목차 (Table of Contents)

• Ⅰ. 행정재량론의 전개
• Ⅱ. 과정의 통제와 다단계적 행정절차
• Ⅲ. 재량론에 있어서의 행정절차론과 공공성론의 발전
• Ⅳ. 결론