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The Case Study on the The role of cancellation lawsuits for the resolution of public conflicts and the direction of judicial precedents - Direction of ‘Administrative Basic Law’ and flexibility of Administrative Action -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.473-502
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

Sung Bong Geun 1

1서경대학교

Accredited

ABSTRACT

The current Administrative Litigation Act has not been sufficiently enacted in relation to public conflicts. As the debate for the lawmaking of the Administrative Basic Law has begun, we have compared the two public conflict resolution decision cases of Supreme Court. And I have made the interpretation of court decision and proposed the new solution logic as a consideration of the method of the case law and direction of the administrative basic law. According to Supreme Court Decision of 2014.9.24, 2014 Chu 613, Supreme Court had decided that the dispute settlement decision of the Administrative office cannot be the disposition at all, and that it could not be subject to a revocation suit. In contrast, according to Supreme Court Decision of 2013.11.14. 2010 Chu 73, which is subject to comparison, Supreme Court had decided that he dispute settlement decision of the Administrative office has a function equivalent to the disposition, and it tries to resolve it by the agency suit. In these cases of 2014 Chu 613, the dispute settlement decision for solving the public conflict is completely denied of the possibility of the settlement through the appeal suit and Revocation suit. But the comparative case of 2010 Chu 73 had decided that these action of Government might be equivalent to the disposition. Decision of 2010 Chu 73 is much better idea than decision of 2014 Chu 613 for the remedy of public conflict. However, the approach of the comparative case of 2010 Chu 73 is also limited in that the possibility of settlement of disputes through litigation is very narrow due to the settlement of the Administrative Litigation Act of Article 45 of the Administrative Litigation Act, In particular, the current legal system, which can have the most professional and sufficient discourse on public conflict, is through Revocation Suit. But the problem is the concept and scope of the disposition of Administrative office. (Prof. Dr. in Law, Seo Kyeong Univ. You may email for this writing to Prof. Dr. Sung with this email address lawyer777@hanmail.net)

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