형량명령 이론의 확대적용 가능성에 관한 고찰 - 123 - could increase the likelihood of arbitrary administrative decisions. However, the theory emphasizes the review of the process leading to the balancing, in addition to the substantive result of the balancing itself. Taking this into account, broadening the application of the Balancing Mandate theory can rather function as a mechanism that enables rigorous judicial review. The Balancing Mandate theory could be expansively applied to areas requiring formative decisions based on prediction, where simultaneous consideration and evaluation of various public and private interests must be accompanied. In order for the Balancing Mandate theory to establish itself as a legal doctrine that controls both the process and the result of balancing decisions, heed must be paid to the critical view that courts should provide more specific, meticulous judgments and detailed statements of reasons when applying the theory.
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