裁量準則에 관한 考察 慶熙大學校 大學院 法 學 科 鄭 寬 善

第1章 序 論 ·············································································································· 1
第1節 硏究의 必要性 및 硏究目的 ············································································ 1
第2節 硏究의 範圍 및 方法 ······················································································ 2
1. 硏究의 範圍 ············································································································· 2
2. 硏究의 方法 ············································································································· 4
第2章 裁量準則 一般論 ···················································································· 5
第1節 裁量準則의 意義와 機能 ·················································································· 5
1. 裁量準則의 意義 ··································································································· 5
2. 裁量準則의 機能 ····································································································· 6
第2節 裁量準則의 種類 ································································································ 6
1. 行政規則形式의 裁量準則 ····················································································· 6
2. 法規命令形式의 裁量準則 ····················································································· 7
第3節 裁量準則의 根據 및 限界 ················································································ 7
1. 裁量準則의 根據 ····································································································· 7
2. 裁量準則의 限界 ····································································································· 8
第4節 裁量準則의 效力 ································································································ 9
1. 對內的 效力 ············································································································· 9
2. 對外的 效力 ············································································································· 9
第5節 外國의 立法例 ·································································································· 11
1. 프랑스 ····················································································································· 11
가. 프랑스법상의 裁量準則 ··················································································· 11
나. 裁量準則에 대한 統制 ····················································································· 11
2. 美國 ························································································································· 16
가. APT의 行政裁量에 대한 司法審査 ······························································ 16
나. 行政節次法上의 處分基準의 設定․公表 ·····················································17