ScholarWorks@숙명여자대학교

초록

The object of the appeals suit and the principle of adjudication priority are important issues in the Administrative Litigation Act. In principle, the object of appeals suit in the Administrative Litigation Act of Korea an original disposition. However, there are cases where adjudication on the administrative tribunal must be taken first in individual laws. This problem depends on the judgment of the lawmaker. In recent years, the Supreme Court has ruled that the decision of the Board of Audit and Inspection for the officials of local governments is not the object of administrative litigation. It is difficult to judge the object of the administrative litigation here. The precedent does not specifically establish the conceptual token of the disposition that is the object of the administrative litigation. Administrative action with different characters cannot be included in the concept of administrative disposition. The revised adjudications of administrative tribunals are causing difficult problems in relation to the object of administrative litigation. The position of the court is also unclear. In the case of an adjudication involving partial cancellation, the after cancellation still remained disposition shall be regarded as the original disposition and the object of the administrative suit (appeal suit). Especially In the case of a qualitatively modified adjudication, it should be regarded as a modification of the original disposition. I think that it is the object of appeals suit. For these problems, legislative settlement is the most desirable, but at present it can only be interpreted by the court. I look forward to establishing a consistent precedent in the future.