@article{ART001317910},
author={Chi Hwan Kim},
title={Legal Character of Administrative Notice},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={43},
number={2},
pages={287-316}
TY - JOUR
AU - Chi Hwan Kim
TI - Legal Character of Administrative Notice
JO - Public Land Law Review
PY - 2009
VL - 43
IS - 2
PB - Korean Public Land Law Association
SP - 287
EP - 316
SN - 1226-251X
AB - This is a critical note about whether an administrative notice can be the object of revocation suit in the administrative court or not. Under the present Administrative Litigation Act, the object of revocation suit should be an administrative act which is exercised by public power and has forcible effects to enforce peoples to follow. According to this provision, it is impossible for us to suit the administrative notice. Because notice is not the forcible administrative act but just an act to notify someone of something. Nothing is changed by the notice. On the contrary, forcible administrative act is to limit our right or bound us to do something.
In the case I have analyzed in this note, the court dealt with the notice as an administrative act. I agree with the conclusion of the judgement but have a different way of thinking from the reasons of the judgement. I don't think of notice as a forcible act. I think the notice is just a notice and has no power to change people's rights or duties. I maintain that the court should judge the case, not on the ground that it is a forcible act but there are no objects but the notice to relieve their rights.
In my opinion, the judicial understanding on the object of administrative suit henceforth should be changed.
KW - 통지(notice);농지처분의무통지(notice of the obligation to dispose of the farmland);처분(administrative measure);항고소송(the object of administrative lawsuit);준법률행위적 행정행위(quasi-juristic act by administrative agency)
DO -
UR -
ER -
Chi Hwan Kim. (2009). Legal Character of Administrative Notice. Public Land Law Review, 43(2), 287-316.
Chi Hwan Kim. 2009, "Legal Character of Administrative Notice", Public Land Law Review, vol.43, no.2 pp.287-316.
Chi Hwan Kim "Legal Character of Administrative Notice" Public Land Law Review 43.2 pp.287-316 (2009) : 287.
Chi Hwan Kim. Legal Character of Administrative Notice. 2009; 43(2), 287-316.
Chi Hwan Kim. "Legal Character of Administrative Notice" Public Land Law Review 43, no.2 (2009) : 287-316.
Chi Hwan Kim. Legal Character of Administrative Notice. Public Land Law Review, 43(2), 287-316.
Chi Hwan Kim. Legal Character of Administrative Notice. Public Land Law Review. 2009; 43(2) 287-316.
Chi Hwan Kim. Legal Character of Administrative Notice. 2009; 43(2), 287-316.
Chi Hwan Kim. "Legal Character of Administrative Notice" Public Land Law Review 43, no.2 (2009) : 287-316.
