행정질서벌에 대한 再考

Abstract

In this paper, I'll discuss about the relation between Administrative Penalty and Administrative Order Punishment under the premise that a new consideration about Administrative Order Punishment, which is one of the accepted sanctions as means of achievement of Administrative Effectiveness, is needed. Administrative Order Punishment has been increased because of the side effects like mass-producing more ex-convicts that had been produced by levying Administrative Penalty on the trivial Administrative Law violators. A large amount of fine for default that is prescribed as Administrative Order Punishment in the particular laws has a character as a penalty. Regulatory Offense Law is produced to consolidate the execution process that had been spread in particular laws. As I consider the necessary subjective conditions and the statute of limitations, which are demanded when Administrative Order Punishment is levied by Regulatory Offense Law, I think Administrative Order punishment must not be levied on a trivial administrative law violator as before and must not be considered as an easier sanction than Administrative Penalty.