정보사회에서 행정청의 판단여지와 재량

Abstract

[ABSTRACT] Agency's Discretion and Margin of Judgement in Information Society Kim, Min-Ho Joung, Youn-Boo Modern society has changed from industrial society to information society. In the information society, a variety of data makes up a valuable knowledge through data processing system. This kind of change to the information society compels all over society to change. However, in the information society, it is unchanged that the relation between the subject of rights finally is defined by law. And the relation between the subject of rights formed through cyber space is the same. Namely, an administrative organ, in the information society, still performs law enforcement pass by process to decide facts, to interpret factor provisions, and to effect provisions of related regulations. Such a law enforcement process when a legislation contains uncertain and abstract expression, administrative organ is endowed with a range of freedom whether it discretion or margin of judgement. But in the current of the information society data constantly forms a valuable knowledge by data processing system. So meaning of freedom must be modified. In this paper, I have discussed about how to change the freedom of so-called "Discretion and Margin of Judgement" as the enjoyment of a administrative organ. In three session ; the keynote of the information society, discussion about an imprecise statutory standard and margin of judgement, and the influence of information society on discretion and margin of judgement.