일본에서의 행정규칙의 법체계 정합성 및 합법성 확보실태와 법제도

Abstract

This paper is intended to review the way of assuring the systemicity and legitimacy of the Japanese administrative rules. The way and scope of classifying the administrative legislation into the legal orders with binding force and administrative rules without binding force in Japan is quite similar with those in Korea. The Japanese administrative rules can be evaluated after categorizing them formally and functionally. In this paper, review was also made to establish discretion criteria, declaration and public hearing which are defined in the Japanese administrative procedural law. The Instruction or internal guideline which is considered the administrative rules serves the important administrative means which is the unique Japanese administrative system called internal administrative guideline. Given the Japanese administrative rules have the considerable effect on people's rights and duties, this paper is also aimed at analyzing and evaluating the theory asserting externalization from the internal rule of the administrative organization and the precedents.