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논문 기본 정보

저자정보
(동의과학대학)
저널정보
동아대학교 법학연구소 동아법학 東亞法學 第45號
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    초록·키워드

    In the homogeneous cases on the area of the discretionary decisions of the past, an administrative agency bind to must treat the third parties as same by itself. This principal is the administrative self-commitment. This was formed a principle of the constitutional equality or a principle of confidence protection in the civil law by grounds. Such a self-commitment does grounds in an equal principle, and it is restriction to the administration oneself comparison standard that it set. Therefore, the self-commitment is a flexible restriction that can change this standard for the future.
    However, the theoretical discussion about the principal of the administrative self-commitment whether an administrative regulation become the law continues. The Supreme Court of Korea, and current Constitutional Court of Korea has recognized that these legal principles. This principal is introduced in all the textbook of Administrative Law. Therefore, it is considered that the principal of the administrative self-commitment is accepted by sound reasoning.
    As we know through a precedent, the principal of the administrative self-commitment will contribute to the protection of the personal right to equality by the control of the law under the increase of the administrative discretion

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      UCI(KEPA) : I410-ECN-0101-2010-360-002239723