裁量準則에 관한 考察 慶熙大學校 大學院 法 學 科 鄭 寬 善
裁量準則에 관한 考察 慶熙大學校 大學院 法 學 科 鄭 寬 善
裁量準則에 관한 考察 慶熙大學校 大學院 法 學 科 鄭 寬 善
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第1章 序 論 ·············································································································· 1<br />
第1節 硏究의 必要性 및 硏究目的 ············································································ 1<br />
第2節 硏究의 範圍 및 方<strong>法</strong> ······················································································ 2<br />
1. 硏究의 範圍 ············································································································· 2<br />
2. 硏究의 方<strong>法</strong> ············································································································· 4<br />
第2章 裁量準則 一般論 ···················································································· 5<br />
第1節 裁量準則의 意義와 機能 ·················································································· 5<br />
1. 裁量準則의 意義 ··································································································· 5<br />
2. 裁量準則의 機能 ····································································································· 6<br />
第2節 裁量準則의 種類 ································································································ 6<br />
1. 行政規則形式의 裁量準則 ····················································································· 6<br />
2. <strong>法</strong>規命令形式의 裁量準則 ····················································································· 7<br />
第3節 裁量準則의 根據 및 限界 ················································································ 7<br />
1. 裁量準則의 根據 ····································································································· 7<br />
2. 裁量準則의 限界 ····································································································· 8<br />
第4節 裁量準則의 效力 ································································································ 9<br />
1. 對內的 效力 ············································································································· 9<br />
2. 對外的 效力 ············································································································· 9<br />
第5節 外國의 立<strong>法</strong>例 ·································································································· 11<br />
1. 프랑스 ····················································································································· 11<br />
가. 프랑스법상의 裁量準則 ··················································································· 11<br />
나. <strong>裁量準則에</strong> 대한 統制 ····················································································· 11<br />
2. 美國 ························································································································· 16<br />
가. APT의 行政裁量에 대한 司<strong>法</strong>審査 ······························································ 16<br />
나. 行政節次<strong>法</strong>上의 處分基準의 設定․公表 ·····················································17