독일과의 비교법적 검토를 통한 행정입법의 정당성 제고 방안

초록

The modern state is actually called an administrative state. Among the functions of the state, the administrative function is incomparably important to the extent that it cannot be compared with other functions, and accordingly, the executive branch expands extremely, and its role is becoming specialized and complex. On the other hand, the National Assembly, which is in charge of the administrative control function, is relatively inferior in the manpower, organization, and expertise of the executive branch. The increase in administrative legislation may be one of the most straightforward phenomena that appear as such administrative nationalization. However, since even basic and important matters are frequently subject to the regulation of administrative legislation, and the diversity and flooding of administrative legislation erodes parliamentary legislation, this has become a significant challenge to the rule of law. Therefore, the problem of administrative legislation is not the delegation of administrative legislation itself, but rather to what extent should it be recognized systematically and realistically? In other words, it should be seen that how to increase the legitimacy of administrative legislation. Germany is usually cited as the country that has experienced the side effects of administrative legislation most intensely. Therefore, it can be said that the attitude of German public law toward administrative legislation is quite hostile. This will not be irrelevant to the Nazi experience represented by the escape to administrative legislation and authorization law in the Weimar era. It is believed that the control of administrative legislation through the parliament, which comes from Germany's historical experience, which most desperately experienced the evils of administrative legislation, can give us many implications along with the recent controversy.

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