수단의 전용에 의한 의무이행강제

Abstract

“The administrative compulsory performance by measures-diverting” is to use the administrative measures to compulsion purpose which is not original purpose of those measures. All measures come into existence having their missions or uses. Diverting happens using the measures not for these original purpose (mission or use) but for another one that someone is compelled to do his duties. The technique to use measures to another or unoriginal purpose is often very useful to realization of administratively needed state, in other words, a lawful state. But this is the usage on the part of public administration. There are some fear that the technique should give rise to excessive infringements on the private side. I classify the measures-diverting into four types in this study. And I comment about its legal questions and future problems after inquiring into the range and limit of measures-diverting. I could get five characteristics of the measures-diverting technique through this study, including the situational logic. About the range and the limit of measures-diverting, I tried to investigate on the standpoint of requirements for diverting. I could point out two limits of the diverting at present. The technique to use administrative measures for their unoriginal purpose (diverting) should be employed in a way of harmonizing private interests with public ones.