대집행의 요건

• 영문명: A Study on Requisites Administrative Vicarious Execution
• 발행기관: 원광대학교 법학연구소
• 저자명: 김성원(Kim, Sung-Won)
• 간행물 정보: 『원광법학』제25권 제2호, 141~164쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

The object of public administrative power is achieved by the process that the government impose a certain duty and people perform it. But in case that people do not do their duties, there should be legal measures which make people perform the duties. It is called administrative compulsory execution that an administrative agency realizes administrative duty forcibly. The administrative compulsory execution is made up of Administrative vicarious execution, Administrative coercive collection, Charge for compelling the performance and Immediateness compulsion. This study focuses on the Administrative vicarious execution which has the Act for general regulations among those legal measures. I examined about the matter of the Administrative vicarious execution concretely. The Administrative vicarious execution Act regulates that "In case where a person liable for performing an act ordered directly under Acts (including any order issued by delegation of Acts, and any Municipal Ordinance of the local government; hereinafter the same shall apply), or by the order issued by the administrative agency under the Acts, and performable by means of a vicarious execution of another person, fails to perform such act, if it is difficult to secure the performance by other means, and it is deemed too detrimental to the public interest to leave the nonperformance, the administrative agency concerned may perform the act to be done by the person liable for it, or have a third person do it and collect the expenses therefor from the person liable for it."(Article 2) This thesis also critically reviews the essential requisites that is provided in the Article 2 of the Administrative vicarious execution Act. I examined about a requisite of the vicarious execution through a theory and the examination of the precedent.

목차

Ⅰ. 머리말

Ⅱ. 대집행의 개념

Ⅲ. 대집행의 요건에 관한 법적 문제

Ⅳ. 대집행과 행정재량

Ⅴ. 맺음말

참고문헌

Abstract

키워드

행정상 강제집행 행정대집행법 대집행 대체적 작위의무 의무불이행 Administrative compulsory execution Nonperformance of an obligation Administrative Vicarious Execution Act Alternative legal duty Vicarious execution