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A Note on Judicial Precedents of Administrative Law in 2018

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(1), pp.49-99
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

KIM, NAM WOOK 1

1송원대학교

Candidate

ABSTRACT

Theories and precedents on administrative law affect the development of law and legislation of administrative law. Among the judicial cases of various administrative laws sentenced by the Supreme Court from January to September, I will examine the trends of judicial cases with important legal and academic significance. In particular, there are four cases in the Supreme Court of the People's Republic of China in 2018. In the case of a cancellation of a disposition such as a global disposition, the Supreme Court shall not violate the obligation to obey the Constitution because the Supreme Court considers that the order and instructions are unconstitutional, The "collective action for non-military work" in the Presidential Decree of the Military Service Regulations is not a necessary procedure for requesting a claim, but a military service for a specific purpose that hinders the essence of military service, such as disrupting the discipline of military service, it said that it refers to the act of the person. In the case of a lawsuit against the dismissal of the dismissal of the dismissal disposition of the application for the establishment and operation of the dance sports institute, the Supreme Court shall comprehensively examine the content of the relevant statutes and the purpose and history of the legislation in the case of contradictions and conflicts between the related statutes, If a conciliatory interpretation is possible, the subordinate statute can not be nullified, and a person who intends to establish and operate a school that teaches the international standard martial arts is required to report it as a martial arts institute under the Athletic Facilities Act, or to register as a full the administrative office of the jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of registration or registration with the requirement of registration or refuse to refuse to refuse registration. In the case of cancellation of acquisition tax, etc. In the case of the cancellation of the acquisition tax, the Supreme Court concluded a sales contract for the real estate and paid all of the proceeds of the transaction prior to registration of transfer of ownership. If the acquirer of the acquirer is due for the transfer of ownership, the new acquisition tax liability is not established due to the acquisitions on the registration date. In such a case, the person who actually acquires the real estate fully paid for the sale proceeds in accordance with the trust agreement The transfer of ownership is completed in the name of the trustee, and then the transfer of ownership of the real estate in his own name is completed. In reviewing the Administrative Law cases of the Supreme Court, administrative law methods, administration methods (including special administrative methods), administrative damages telegrams and administrative litigation are discussed in the order of the Supreme Court case. First, even if the risk of drunken driving is high and preventive measures are necessary, the cancellation of the license for drunk drivers of the second kind of small car is not dealt with by the proportional principle, It shall judge whether the plural license is illegal by the prohibition principle. Second, the judgment of nullity of tax disposition is judged on the basis of big - name white paper. However, in order to implement tax legalism and tax definition, it is necessary to relax the jurisprudence of invalidation as a substitute for construction of economic value. Third, as the GHG emission reductions are considered to be property values, the GHG emissions are considered to be equivalent to the goods in the VAT Law. However, administrative lawsuits have recently been filed for the allocation of GHG emission rights and the legal nature of the emission rights must be clarified do. Fourth, in fact, there is a decision of unconstitutionality on the administrative legislative omission on the condition of the recognition of the training experience of the dentists completing the training course of the major, and although the considerable period of time has passed, the nationality liability for the administrative legislative omission is denied, If the intention and the negligence of the State are recognized in consideration of the obligations of the Constitution over a considerable period of time, the State shall be liable for the injustice of the administrative legislation. Finally, if you paid all of the proceeds of the transaction before the transfer of ownership due to the sale of real estate, you are actually obliged to pay the acquisition tax on the balance payment date. If you register the transfer of ownership in the name of the trustee In the case of a real estate acquisition by the name of a trustee in the case of a real estate acquisition in the name of a trustee, And the tax law should be implemented in accordance with the local tax law in relation to the establishment and timing of the acquisition tax payment duty on the trust of a third party.

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