통일 독일의 행정법상 불법청산에 대한 검토

Abstract

Past liquidation or liquidation of system illegality during unification of devided nation is preliminary question to resolve social problems which may occur after unification. In other words it is necessary to settle illegality which was committed by illegal regime to prevent social problems from unification. In this regard the unified Germany promoted reinstatement for the victims of unlawful acts carried out by the East German regime at the same time of reunification and the reinstatement for the victims was made through legislation in the criminal, administrative and professional areas. In particular, the Administrative Reinstatement Act enacted based on Art. 19 of the Unification Treaty stipulated specific methods and procedures for administrative reinstatement. According to the Administrative Reinstatement Act, if the administrative measures of the German administrative authorities are in violation of the principles of justice, legal stability and proportionality, they are deemed not to be in conformity with the principles of the rule of law. Though the scoop of administrative rehabilitation was limited, restoring the rights of those who had been victimized by the illegitimate measures taken by the East German regime or ensuring that compensation is granted through later claims is fully appraised as the liquidation work was faithfully implemented. In Germany, Administrative Reinstatement Act didn’t limit the liquidation of system illegal to criminal legal settlement and the case of Germany is very important in the future of unification in Korea. However, it seems that the design of the Administrative Reinstatement Act according to the specific type of unification and the detailed regulation of the so-called Korean Administrative Reinstatement Act should be pursued through in-depth discussion.