earticle

영어

Various new measures are being presented to compel a person to perform his/her administrative obligation. Among them, the charge for compelling the performance is the means to compel an obligor to perform his/her obligation for himself/herself by imposing a monetary burden until it is fulfilled. In the sense that the charge for compelling the performance indirectly compels a person who has failed to fulfill his/her obligation to perform it for himself/herself, there exists institutional necessity for it because it can be effective means to ensure the performance of an obligation especially where other compelling measures, such as vicarious execution and direct compulsory performance, are incapacitated. However, there also exists the likelihood of infringement on the obligor's right by repeating the imposition of monetary burden continuously. Therefore, the adequacy of amount of imposition, transparency of imposition process, predictability, and the standardization of process including warning, grant of sufficient time for fulfillment, and provision of an opportunity to submit opinion should be ensured, and the means for rapid remedy of the right should be secured where any wrongful charge for compelling the performance has been imposed. Hence, this paper reviews the changes in the introduction process, legal significance and characteristics of the charge for compelling the performance, and, on the basis of which, proposes issues on and improvement direction of the charge for compelling the performance. It is the fact that with respect to the charge for compelling the performance as means for securing the efficiency of administration, no standardized public law exists, and it is provided for in each respective statute with no coherent system even under the individual law. The charge for compelling the performance which is an unfavorable disposition should be legislatively preceded by systematic and predicable lawful procedures and judicial remedy suggested in the legal principles of the Administrative Procedures Act.