복수면허에 대한 운전면허 행정처분의 효력범위에 대한 연구 = The Range of an Administrative Penalty Effect for Multiple Driver's License

다국어 초록 (Multilingual Abstract)

One can acquire multiple driver's licenses allowing him or her to drive different kinds of motor vehicles by the Road Traffic Laws. However, when the revocation or suspension are needed, the standards of law reports are used, not legal regulations for revocation of dual licenses.
The Supreme Court suggests the standards of total revocation of multiple licenses as follows; 'the case where the reason of revocation or suspension has something in common with other license or person who received the license.' The court, however, depends on the kinds of motor vehicle that is used when the license is revoked or suspended, not the person who received the license to decide total revocation.
As a result, ignoring the examination of driving aptitude such as how often one drinks and drives, how many accidents one causes, and how often one breaks the traffic regulation, the court set the standard of total revocation considering the common points depending on the kinds of motor vehicle that is used when the license is revoked or suspended. In this case, a driver without driving aptitude (who drank and drove, exceeded penalty points) is improperly allowed to keep on driving on the road because of the reason that there is no commonness in driving license.
A driver's license has the administration tendency as the police authorization allowing driving on the road, so the driver who is unsuitable to driving on the road must not be allowed to drive on the road totally (including multiple licenses). As the German example we see in the front part of this article, the unsuitable drivers should be excluded in the traffic community for other drivers safety. This is why the point of the Supreme Court's precedent has some problem, so the standards of total revocation of multiple license should be put on the person who get the driver's license (driving suitable aptitude).
Fundamentally the article 93 of the Road Traffic Laws should be revised and new regulation should be stipulated for the purpose of the total revocation of multiple license when the revocation or suspension are needed. However, establishing new regulation for the total revocation without considering driving unadaptability or general principle of administrative law can be blamed for abusing the administrative power.
Therefore when the causes of the revocation or suspension are made, the reason of revocation or suspension itself should be equal to the level of total revocation of dual license (driving unadaptability as a traffic community member). Such being the case, the reason for total revocation and suspension of the 93 of the Road Traffic Laws should be divided into total revocation and part revocation, and extra study is needed in this field.

목차 (Table of Contents)

• Ⅰ. 문제의 제기
• Ⅱ. 운전면허의 범위 및 행정처분제도
• Ⅲ. 운전면허 행정처분의 효력
• Ⅳ. 대법원 판례 분석
• Ⅴ. 결론 및 제언

참고문헌 (Reference)

1 김재협, "행정사건 처리에 있어서 도움이 될 몇 가지 문제점. in: 특별실무법관 연수자료" 2001

2 김남진, "행정법Ⅰ" 법문사 2007

3 김동희, "행정법Ⅰ" 박영사 2004

4 박균성, "행정법 강의" 박영사 2010

5 도로교통안전관리공단, "위법운전자 제재수단의 효율성 확보방안 연구" 2006

6 도로교통안전관리공단, "운전면허행정처분제도 개선방안 연구" 1999

7 김용섭, "운전면허취소․정지처분의 법적성질 및 그 한계" (311) : 1996

8 도로교통안전협회, "외국도로교통법규의 비교분석 연구, 상권, 하권" 1993

9 송평근, "복수운전면허를 가지고 있는 자에 대한 운전면허취소시의 문제점. in: 행정재판실무 편람 Ⅲ," 서울행정법원

10 홍성필, "복수면허소지자의 주취운전에 대한 면허취소․정지" 월간손해보험 2003

11 이재일, "독일의 도로교통법, 최신외국법제 정보"

12 김창석, "독일에서의 음주운전을 이유로 한 운전면허의 취소<상>,<하> 법률신문 제2684호(1998.4.9), 법률신문 제2685호(1998.4.13), 법률신문사"