권력적 경찰작용의 불확정개념에 의한 수권여부

Abstract

When Modern constitutional countries enforce administrative operations on the basis of the law-reserving principle, particularly when the administrative functions are invasive, it should be carried out by law-regulated details. Although modern administration face various changes, it keep trying to reflect past law-governed administration on all of invasive and benefit administrations as possible as it can. In order to be in line with law-governed administration, the he law-reserving principle is thoroughly kept in police administrative affairs, which is a representative one of invasive administrations. In case of authorized operations of the police, specific and obvious lawful regulations, according to law-reservation, are matched to original meanings of constitutional administration. Korean law has two typical fundamental police laws :police law and policemen affairs enforcement law, because authoritative performances of the police must be based on the law. As the essential law of operations and organizations of police, the police law, a general one of the police, takes its root in policemen affairs enforcement about its practical workings. And the other cases except policemen affairs enforcement are based on Road and Traffic Law and Antique Sale Law that have individual and well-defined regulations on influential performance of police. What discussed in the basis of official operations of police has no problem because it has individual lawful regulations and just is carried out according to that. However, when there are not precise regulations in the individual law, how can police workings do? That is the exact point of the discussion.