행정형벌의 과태료 전환의 이유와 기준에 관한 연구

다국어 초록 (Multilingual Abstract)

Recently administrative criminal penalty is used practically and widely to ensure performance of administrative obligation. This is method using threat effect of criminal penalty, but this is not proper measure in law. Criminal penalty is to use last and supplementary means of punishment, but the case imposed several punishment measures(criminal penalty and negligence fine and administrative punishment and so on) against a obligation is frequent. These measures are maybe criticised as ‘double punishment against one violation’ and excessive criminal punishment, and concerned that all people would be convicted men.
Recently MB Government prepares wide improvements of administrative punishment laws in force, main task is ‘conversion of criminal penalty to negligence fine’. These improvement measures are to perform ‘serving nation government’ as political moto of MB government.
There are two types in violation of administrative law and regulation, none-performance of duty and lacking in cooperation for administrative enforcement. To the latter, should be imposed negligence fine. Because that is not antisocial and slight violation.
This study aims to establish grounds and standards of ‘Conversion of Criminal Penalty to Negligence Fine’. If administrative obligation acts that are objects of conversion to negligence fine are divided by obligation, these are as follows.
A type: obligation of report or registration of administrative affairs
B type: obligation of no-refusal of administrative investigation or inspection
C type: obligation of keeping and furnishing and indication
D type: obligation of no-using of pseudo naming
E type: obligation of no-intervention in private law relations
F type: obligation of prohibiton of holding two offices at the same time
G type: obligation of trifling violation of administrative ordinance

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 행정의무 위반과 제재 유형의 선택
• Ⅲ. 행정형벌의 과태료 전환의 이유
• Ⅳ. 행정형벌의 과태료 전환의 기준
• Ⅴ. 결어
• 【참고문헌】
• 【Abstract】

참고문헌 (Reference)

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9 田口守一, "行政規制と刑事制裁" 信山社 2001

10 井戶田侃, "行政法規違反と犯罪" 有斐閣 1968

11 平野龍一, "現代における刑法の機能" 東京大學出版會 1971

12 Ule, "Umweltschutz im Verfassungs-und Verwaltungsrecht" DVBl 1972