행정제재와 형벌의 관계에 관한 소고

Abstract

Administrative sanctions are classified into two categories, administrative criminal penalty and administrative order punishment. The two are distinct in sanction but in fact indistinct which case charged administrative penalty or administrative order punishment. also there is indistinct in administrative criminal penalty and administrative order punishment. for example penalty. Administrative penalty is so criminal penalty that applied criminal general principles. On the other hand, administrative order punishment charged a fine on violating the administrative order that is not criminal penalty. It make “Act on the Violations of Public order” to administrative sanction so gain identity in legal system in germany. “Act on the Violations of Public order” included an substantive law and an adjective law so applied criminal general principles as it is regardless of legal sanctions. There is Act on the Violations of Public order to common law in administrative penalty in germany. But there is not common law in administrative penalty in korea so take place in many troubles. Both sides are quite distinct to degree the benefit and protection of the law. but they do not always equal in many cases. and It is complicated content and system in administrative criminal penalty so make many problem in equal treatment. To overcoming problem in administrative penalty, administrative criminal penalty convert to administrative order punishment and simplify the kind and meaning of sanction. hereunder, we can distinct in administrative criminal penalty and administrative order punishment. and we must accept wholeheartedly to administrative criminal penalty when restrictions are strict. We must review a administrative criminal penalty and make the decriminalization and balance between administrative order punishment and administrative criminal penalty, imprisonment and fine penalty. Recently, in this connection, “Act on the Regulation of Violations of Public order” is established and forced. For the basic solution, we must make legislation containing administrative order punishment and administrative criminal penalty.