행정질서벌(과태료)의 효율적 개선 방안

Abstract

Civil penalty is a way of punishing people for violating administrative order by imposing them certain amount of civil penalty. As a mean to control administrative order, civil penalty is clearly stated in 'the law for regulating violated order' that stipulates procedures of imposing civil penalties specifically. It accords with the law reserve principles, because it operates as a fundamental law, While civil penalty operates as a method to curb violations, putting it into effect presents the limit that civil penalty has. To control administrative violations effectively, it is needed to come up with measures to improve its enforcement. In fact, unpaid civil penalty has been increasing. Even if people do not pay their civil penalty, they are not punished. It is because there are no proper sanctions to force unpaid violators to pay their civil penalty. As a result, people may not only tend to look down on abiding by the law, but also it may be more difficult to make sure to enforce civil penalty as an administrative-control-mean. Therefore, it is necessary to find solutions that encourage violators to pay their civil penalty as well as to observe the law. This study figured out the problems civil penalty has and suggested several plans to enhance its effectiveness, for example, introducing a strict plan to enforce violators to pay their civil penalty and proper sanctions to be imposed to the unpaid people.