道路交通法上 通告處分의 實態分析과 改善方案에 관한 硏究 = (A) Study on Actual-Condition Analysis and Improvement Plan for Crackdown on Noticed disposition Pertaining to the Law of Road Traffic

다국어 초록 (Multilingual Abstract)

Given seeing the purpose of the law of Road Traffic, it is prescribed that 'This law aims to guarantee safe and smooth traffic by preventing and removing all dangers and obstacles pertaining to the transportation being occurred on the road,' thus several types of items for the legislation-violation actions and the relevant punishments are being stipulated as a means aiming at realizing the purpose like this.
Among them, as to a legislation violator who did commit a petty contravention with low possibility of blame and with the inevitability of frequent occurrence among legislation-violation actions, a system, for which a police chief gives notice of pecuniary restraint named "penalties" instead of a punishment such as penalties originally fixed, and terminates the procedure if the violator pays the settled penalties, is being operated and carried out.
A system similar to this is being adopted and carried out by a considerable number of foreign countries as well as our country because the system of noticed disposition like this has large effectiveness, such as being available for the expectation of effect to inflict punishment just by levying penalties without inflicting criminal punishment on a violator against the traffic legislation, and for indirectly forcing a violator into order observance on account of getting in person urging for alarming as to the legislation violation, through giving an economic burden to a violator, and in addition, as reducing a driver's burden due to swift and brief processing at the violation site as well as facilitating the effect of immediate punishment and the efficiency of administrative matters, and as contributing to the increase of national tax revenue.
However, in the face of having lots of positive aspects, the noticed disposition retains many problems.
First of all, in light of law enactment, first, the element to infringe on human rights is remaining, such as strong grounds to dispute about a violation with a violator, on account of general provisions of a violating behavior, and as the absence of a relief system being derived from the character of the noticed disposition, which is vaguely placed, with being neither punishment nor order punishment. Second, in case of disobeying crackdown, due to the trend of taking a serious view of human rights, there is a problem having difficulty in securing law enforcement and it may be resulted in abuse of discretion, in other words, in a mutual compromise between a policeman and a law violator, and third, there are problems such as the surging of consciousness tendency to regard it trivially as the private parts of luck for a violater regulated himself or herself.
Given considering the improvement plan from the forward-looking viewpoint of the existence of the noticed disposition,
First, above all, the noticed disposition will be required to legally and institutionally prescribe legal character. Doing that way will make the processing procedures decided, and bring stability to the law violators undergoing crackdown. Otherwise, as an alternative plan, it needs to keep on being developed as a new individual law in the fields of order violation. And second, it will need to guarantee legitimacy and rationality of law enforcement by policemen directly taking charge of control matters. It will need to elucidate concretely legal measures against disobedience to the control of the noticed disposition, and it will be also said to require the creation of two-way punishment provisions to inflict disadvantage on both a regulation agency and drivers, as far as compromising matters between a policeman and a law violator in the process of crackdown are concerned. Third, through simplifying procedures of the noticed disposition, it will require to escape the adverse criticism for the infringement of human rights being derived from the complicated procedures. Fourth, it will be the thing to improve the traffic surrounding environment to reduce to the utmost the possibility of making the traffic law violated, and to enhance drivers' order consciousness. Through improving and reinforcing traffic-security instruction of the national agencies and social groups, it will need to carry out more viably than now, and is desperately requiring publicity activities targeting the people for the purpose of restraining the violations of safety and legislation for transportation.

목차 (Table of Contents)

• 目次
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 3
• 1. 硏究의 範圍 = 3
• 2. 硏究의 方法 = 4
• 第2章 硏究의 理論的槪觀 = 6
• 第1節 通告處分의 槪念 및 沿革 = 6
• 1. 通告處分의 槪念 = 6
• 2. 通告處分의 沿革 = 12
• 第2節 警察 通告處分 團束의 法的根據 및 一般的 節次 = 16
• 1. 警察 通告處分 團束의 法的根據 = 16
• 2. 警察 通告處分의 一般的 節次 = 20
• 第3節 外國의 制度 및 運用實態 = 22
• 1. 英國 = 22
• 2. 美國 = 23
• 3. 獨逸 = 25
• 4. 日本 = 27
• 第3章 警察 通告處分 團束의 實態分析과 問題點 = 29
• 第1節 警察 通告處分 團束의 實態分析 = 29
• 1. 法律制度上 警察 通告處分 團束 = 32
• 2. 警察團束의 運用 = 40
• 3. 交通環境 및 犯則者 意識 = 42
• 第2節 警察 通告處分 團束의 問題點 = 44
• 1. 法律制度上의 未備點 = 44
• 2. 警察團束 運用上의 問題點 = 52
• 3. 交通環境 및 犯則者들의 意識 缺如 = 54
• 第4章 警察 通告處分 團束의 改善方案 = 56
• 第1節 法律制度上의 補完 = 56
• 1. 團束關聯 法律의 具體化 및 明示化 = 56
• 2. 處罰基準의 强化 및 多樣化 = 59
• 3. 法的 性質 確立 및 代案策 摸索 = 60
• 第2節 警察 團束 實務上의 改善方案 = 63
• 1. 警察 團束 節次上의 改善 = 63
• 2. 處罰節次의 單純化 = 66
• 第3節 交通環境 改善 및 秩序意識 確保 = 68
• 1. 交通環境의 改善 = 68
• 2. 秩序意識 高趣를 위한 敎育 强化 = 70
• 第5章 結論 = 72
• 參考文獻 = 77
• ABSTRACT = 83