행정입법에 대한 규범통제의 문제점에 관한 소고 = A Study on the Problem of the Norm Control for the Administrative Legislation

다국어 초록 (Multilingual Abstract)

The Administrative legislation can be seen as a kind of there on a spectrum that unclearly the boundaries of the law and the order and the rule and the disposition of judicial. In relation to the problems of normative control over these administrative legislation, First, with respect to the issue of jurisdiction norms control of administrative legislation, Article 107 paragraph 2 of the Constitution “shall have the authority to review the final,” said regulations, with respect to the problem of interpretation, Order and rules are contrary to the law if the Constitution or the land is the premise of self-examination, without trial, the Supreme Court is the recommendation of the Constitutional Court. Finally, it should be understood that authority to examine of the Supreme Court shall only be limited when the premise of the trial. Therefore, Article 107 paragraph 2 of the Constitution should be interpreted as finality of the court shall be final in the Judicial System. And the Administrative Procedure Act and Article 6 of the current problems, Amended by section of claim 1 where in the current law, it will be effective measures that Partial amendment to “The Supreme Court is the command and show the illegality and unconstitutionality of the rule in judgment order and shall notify the reasons for the Minister of Government Administration and Home Affairs without delay”. About this point, after more discussion We expect to be reflected in the administrative procedure law amendment.