복수면허에 대한 운전면허 행정처분의 효력범위에 대한 연구 (The Range of an Administrative Penalty Effect for Multiple Driver's License)

서지정보

· 발행기관 : 경찰대학 경찰대학
· 수록지 정보 : 경찰학연구 / 10권 / 3호 / 131 ~ 156페이지
· 저자명 : 정초영

초록

One can acquire multiple driver's licenses allowing him or her to drive different kinds of motor vehicles by the Road Traffic Laws. However, when the revocation or suspension are needed, the standards of law reports are used, not legal regulations for revocation of dual licenses.
The Supreme Court suggests the standards of total revocation of multiple licenses as follows; 'the case where the reason of revocation or suspension has something in common with other license or person who received the license.' The court, however, depends on the kinds of motor vehicle that is used when the license is revoked or suspended, not the person who received the license to decide total revocation.
As a result, ignoring the examination of driving aptitude such as how often one drinks and drives, how many accidents one causes, and how often one breaks the traffic regulation, the court set the standard of total revocation considering the common points depending on the kinds of motor vehicle that is used when the license is revoked or suspended. In this case, a driver without driving aptitude (who drank and drove, exceeded penalty points) is improperly allowed to keep on driving on the road because of the reason that there is no commonness in driving license.
A driver's license has the adminstration tendency as the police authorization allowing driving on the road, so the driver who is unsuitable to driving on the road must not be allowed to drive on the road totally (including multiple licenses). As the German example we see in the front part of this article, the unsuitable drivers should be excluded in the traffic community for other drivers safety. This is why the point of the Supreme Court's precedent has some problem, so the standards of total revocation of multiple license should be put on the person who get the driver's license (driving suitable aptitude).
Fundamentally the article 93 of the Road Traffic Laws should be revised and new regulation should be stipulated for the purpose of the total revocation of multiple license when the revocation or suspension are needed. However, establishing new regulation for the total revocation without considering driving unadaptability or general principle of administrative law can be blamed for abusing the administrative power.
Therefore when the causes of the revocation or suspension are made, the reason of revocation or suspension itself should be equal to the level of total revocation of dual license (driving unadaptability as a traffic community member). Such being the case, the reason for total revocation and suspension of the 93 of the Road Traffic Laws should be divided into total revocation and part revocation, and extra study is needed in this field.

영어초록

One can acquire multiple driver's licenses allowing him or her to drive different kinds of motor vehicles by the Road Traffic Laws. However, when the revocation or suspension are needed, the standards of law reports are used, not legal regulations for revocation of dual licenses.
The Supreme Court suggests the standards of total revocation of multiple licenses as follows; 'the case where the reason of revocation or suspension has something in common with other license or person who received the license.' The court, however, depends on the kinds of motor vehicle that is used when the license is revoked or suspended, not the person who received the license to decide total revocation.
As a result, ignoring the examination of driving aptitude such as how often one drinks and drives, how many accidents one causes, and how often one breaks the traffic regulation, the court set the standard of total revocation considering the common points depending on the kinds of motor vehicle that is used when the license is revoked or suspended. In this case, a driver without driving aptitude (who drank and drove, exceeded penalty points) is improperly allowed to keep on driving on the road because of the reason that there is no commonness in driving license.
A driver's license has the adminstration tendency as the police authorization allowing driving on the road, so the driver who is unsuitable to driving on the road must not be allowed to drive on the road totally (including multiple licenses). As the German example we see in the front part of this article, the unsuitable drivers should be excluded in the traffic community for other drivers safety. This is why the point of the Supreme Court's precedent has some problem, so the standards of total revocation of multiple license should be put on the person who get the driver's license (driving suitable aptitude).
Fundamentally the article 93 of the Road Traffic Laws should be revised and new regulation should be stipulated for the purpose of the total revocation of multiple license when the revocation or suspension are needed. However, establishing new regulation for the total revocation without considering driving unadaptability or general principle of administrative law can be blamed for abusing the administrative power.
Therefore when the causes of the revocation or suspension are made, the reason of revocation or suspension itself should be equal to the level of total revocation of dual license (driving unadaptability as a traffic community member). Such being the case, the reason for total revocation and suspension of the 93 of the Road Traffic Laws should be divided into total revocation and part revocation, and extra study is needed in this field.

참고자료

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