대집행의 요건

A Study on Requisites Administrative Vicarious Execution

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The object of public administrative power is achieved by the process that the government impose a certain duty and people perform it. But in case that people do not do their duties, there should be legal measures which make people perform the duties. It is called administrative compulsory execution that an administrative agency realizes administrative duty forcibly. The administrative compulsory execution is made up of Administrative vicarious execution, Administrative coercive collection, Charge for compelling the performance and Immediateness compulsion. This study focuses on the Administrative vicarious execution which has the Act for general regulations among those legal measures. I examined about the matter of the Administrative vicarious execution concretely. The Administrative vicarious execution Act regulates that "In case where a person liable for performing an act ordered directly under Acts (including any order issued by delegation of Acts, and any Municipal Ordinance of the local government; hereinafter the same shall apply), or by the order issued by the administrative agency under the Acts, and performable by means of a vicarious execution of another person, fails to perform such act, if it is difficult to secure the performance by other means, and it is deemed too detrimental to the public interest to leave the nonperformance, the administrative agency concerned may perform the act to be done by the person liable for it, or have a third person do it and collect the expenses therefor from the person liable for it."(Article 2) This thesis also critically reviews the essential requisites that is provided in the Article 2 of the Administrative vicarious execution Act. I examined about a requisite of the vicarious execution through a theory and the examination of the precedent.