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@article{ART002470969},
author={Kim Hak Soo},
title={Reconsideration on the Litigation for Execution of Ministerial Duty},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2019},
number={83},
pages={33-78},
doi={10.31839/DALR.2019.05.83.33}

TY - JOUR
AU - Kim Hak Soo
TI - Reconsideration on the Litigation for Execution of Ministerial Duty
JO - DONG-A LAW REVIEW
PY - 2019
VL - null
IS - 83
PB - The Institute for Legal Studies Dong-A University
SP - 33
EP - 78
SN - 1225-3405
AB - Today, under the Circumstances that must be noverted to the Welfare state, actions of the past negative administration are expanded into a benefit administration or a positive administration, Therefore, the administrative measures on an unfair or illeagal act of public power violate individual rights and interests. Comparing with this, an infringement of rights and interests caused by delict about omission has held an important role. And its remedy has been acknowledged as a reasonable claim of new legal-governing Principle in meaning. Faced with historical requirement, omission lawsuit institution became an important topic for discussion. If someone asks for administrative action to an agency and the agency refuses the request without reasonable response, there is no direct method to let the agency excuse their duty for him by lawsuit in current Administrative their rights because agency did not execute their duty. Recently Supreme Court has introduced amendments to reform Administrative Litigation Act to the National Assembly. The amendments have incuded an article which is a litigation form that people can request to the agency to execute thir duty by lawsuit. In this amendment there are some disputes about the expansion of the object of a lawsuit, the expansion of the standing of administrative litigation, interperetation the principle of official authority detection. The extent of an object of a lawsuit needs to be expanded. The precedents of administrative litigation have shown that the object of a administrative lawsuit has been interpreted narrowly. In my opinion, it is not proper interpretation to save people's rights and interests easily. The standing of administrative litigation has to be expanded like the object of administrativelitigation. These days administration operations have been diversified, expanded. So, there are some third party who are damaged their rights indirectly by agency but they are not authorized as a party in a suit. Those people have increased nowdays. To protect people's rights and interests the standing of adminitstraive also needs to be expanded. The principle of official authority detection should be selected. In administrative litigation lawsuit, agency have a lot of information for suit, and power, so the other party is weaker than agency reatively. Then, the principle of pleading is not adoptable especially in the litigation for execution ministerial duty. Therefore, the court needs to search evidence for the suit by his own official authorty.
KW - Lawsuit for performance of obligation;Litigation for affirmation of illegality of omission;Appeal litigation;Judgment execution;Decision instructions;Administrative procedure law reform
DO - 10.31839/DALR.2019.05.83.33
ER -

Kim Hak Soo. (2019). Reconsideration on the Litigation for Execution of Ministerial Duty. DONG-A LAW REVIEW, 83, 33-78.

Kim Hak Soo. 2019, "Reconsideration on the Litigation for Execution of Ministerial Duty", DONG-A LAW REVIEW, no.83, pp.33-78. Available from: doi:10.31839/DALR.2019.05.83.33

Kim Hak Soo "Reconsideration on the Litigation for Execution of Ministerial Duty" DONG-A LAW REVIEW 83 pp.33-78 (2019) : 33.

Kim Hak Soo. Reconsideration on the Litigation for Execution of Ministerial Duty. 2019; 83 : 33-78. Available from: doi:10.31839/DALR.2019.05.83.33

Kim Hak Soo. "Reconsideration on the Litigation for Execution of Ministerial Duty" DONG-A LAW REVIEW no.83(2019) : 33-78.doi: 10.31839/DALR.2019.05.83.33

Kim Hak Soo. Reconsideration on the Litigation for Execution of Ministerial Duty. DONG-A LAW REVIEW, 83, 33-78. doi: 10.31839/DALR.2019.05.83.33

Kim Hak Soo. Reconsideration on the Litigation for Execution of Ministerial Duty. DONG-A LAW REVIEW. 2019; 83 33-78. doi: 10.31839/DALR.2019.05.83.33

Kim Hak Soo. Reconsideration on the Litigation for Execution of Ministerial Duty. 2019; 83 : 33-78. Available from: doi:10.31839/DALR.2019.05.83.33

Kim Hak Soo. "Reconsideration on the Litigation for Execution of Ministerial Duty" DONG-A LAW REVIEW no.83(2019) : 33-78.doi: 10.31839/DALR.2019.05.83.33