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A Comprehensive Interpretation of the Object of Lawsuit on the Litigation for Withdrawal

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 69(), pp.207-229
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Choi, Sung-Sik 1

1호남대학교

Accredited

ABSTRACT

A precedent and a common view regarding the object of a lawsuit in the existing litigation for withdrawal were ‘the general illegality of disposition,’ and with this premise, various legal issues have been discussed. This study was based on such a common view, but looked into the elements that specify the object of a lawsuit concretely in the litigation for withdrawal. The areas disputed in a deep relation to the subject matter of a lawsuit theory include the addition or alteration of grounds for an administrative act and the legal nature of the binding effect, and this is because there have been just a few pieces of literature that discusses systematically based on the subject matter of a lawsuit theory until now. Thus, this study used the concept of the object of a lawsuit that provides a uniform principle of law in the legal procedure law to attempt uniform approaches to various issues in the litigation for withdrawal. First, the precedent has long decided its own standards concerning the addition or alteration of grounds for an administrative act, and the reason for the restriction of changes in them was the substantial rule of law and the substantive legal demand for the security of the people's trust in the administration. of course, it is necessary to limit the addition or alteration of grounds for an administrative act as a means of realizing this substantive legal value, but the value of one-off solution of the dispute in the legal procedure law is an idea as important as that, so the validity of this precedent should be fundamentally reconsidered. Moreover, the Administration Litigation Act provides a rule of the binding effect on a substantive law separate from the rules of the res judicata effect on the Civil Procedure Code. Thus, it is necessary to examine what differences there are between the binding effect and the res judicata effect. The range of the binding effect or the res judicata effect can be clarified through an analysis of these differences because they form a relationship of an ambivalent nature with the issue of one-off solution of a dispute, a request on the legal procedure law after all. Approaches to this issue may vary, but this study attempted to approach the essence of the issue by further concretizing the specific elements of the object of a lawsuit in the litigation for withdrawal based on the subject matter of a lawsuit theory.

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