行政計劃에 대한 司法審査
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In the modern welfare states, administrative planning goes on being important and has become the focus of attention as new behavior forms. Although the administrative planning has rulled the administration beyond law and it has caused that planning administration. Currently it is the matter of the constitutional theory. As planning administration has various types and special characters, It is impossible to control the planning administration. The control of planning discretion is one of the important subjects in the modern planning law. There is a blank of planning discretion to the government office eventhough it can prescribe the facts of planning appropriation. The judicial review is one of the method to cope with appearance of new administration means. On this occasion is it possible to admit the disposal of planning subject? And if the disposal of planning subject is admited what is the limits of examination contests in the court? How does it come out that is a principle of modern administration law as extend of judicial review? In this study, according to the investigation of leading cases which have been dealt passively in the administrative planning control theory, it presents the directions of judicial review which is about the administrative planning. This thesis consists of four chapters. Chapter 1. An introduction Chapter 2. The essence of administrative planning 1. The meaning of administrative planning 2. The law character of administrative planning 3. The structural peculiarity of administrative planning Chapter 3. The judicial review of administrative planning 1. administrative planning and legalism 2. The problem of judicial review on administrative planning 3. Disposition of administrative planning 4. Judicial review about planning discretion 5. The effect of law control on administrative planning Chapter 4. Conclusion In this chapter, it describes a summary of what was studied and examined in each chapter and makes a conclusion. The administrative planning could transcend the law management by having a wide planning discretion. Furthemore it could infringe on individual rights and those rights couldn't be relieved by traditional means. For that reason it is very important to permit the structure speciality of the administrative planning and to make suitable control standards.