[일반논문] 미국행정법상 금반언원칙에 관한 소고

The Doctrine of Promissory Estoppel in American Administrative Law

The person who relies on government advice has a legal protection, Vertrauenschutz, in korean administrative law. Similar protection might be expected where government is the promisor through the doctrine of promissory estoppel in american administrative law. Even though Vertrauenschutz and the doctrine of promissory estoppel are treated as having same meaning in requiring an agency to keep its own promise by our administrative law commentators, these two principles, however, have different requirements and limitations as well as objectives. First of all, Vertrauenschutz has the primary objective in pursuing the stability of promisee's legal lives. On the contrary, the doctrine of promissory estoppel has the priority in protecting the promisor. Thus, I will examine the requirements and limitations of the doctrine of promissory estoppel such as the rule of law, separation of powers, sovereign immunity, and the fiscal and managerial integrity of public programs in this article. According to this, I will give several grounds to differentiate the doctrine of promissory estoppel from Vertrauenschutz as a conclusion of the article.