행정의 법해석권한과 그 형식에 관한 소고
Study On The Administrative Interpretation Authority and The Interpretative Forms
정준현
초록
Under the current Constitution, every law context should be clear and easy enough to understand the context for laymen, but the some actual problems can not be ruled by clear and easy legal terms. So use law-maker unidentified terms in the law context and such context may be given several interpretations. These several interpretations in the Administrative law part were construed as legal hot issues between the administrative and the Court. Shortly concluded, the court shall give respect to the administrative interpretations such as enforcement ordinances, enforcement regulations and any other detailed regulations for the application of law, assuming that these interpretations are reasonable and right on the court's judgement. The ground of conclusion is as follows; 1.The constitution divide the state authority for "Check and Balance between state powers". 2.The administrative has the legislative power delegated by law. 3.Every administrative legislations are formerly controlled and reviewed by the legislative agency from a various point of view like as constitutional principles, legal system and goal, and any other point. 4.Each administrative department is composed relevant experts and finally responsible to the execution of laws under the competent department.