Earticle

초록

영어

The Condition of lawsuit of litigation for affirmation of illegality of administrative omission Shim, Yong-Jae Administrative Procedure act stipulates the standing to the sue, subjective interest, mandatory administrative decision and the period of the lawsuit for the conditions of lawsuit at litigation for affirmation of illegality of administrative omission. Judicial precedents see a qualified legal interests as a element of the standing to the sue and application issues as a qualified legal interests. When some of scholars is critical for this judicial precedents' attitudes, the reason is why they see application issues as the subject of judgment on the merits. Such inconsistencies in Judicial precedents and doctrine be corrected through amendments to the law. Meanwhile in case the plaintiff sue litigation for affirmation of illegality of administrative omission in the period of the lawsuit and therafter exchange litigation for affirmation of illegality of administrative omission for a revocation of refusal disposition, judicial precedents see the litigation for affirmation of illegality of administrative omission as legal even if the plaintiff adds the litigation for affirmation of illegality of administrative omission thereafter.

목차

Ⅰ. 서언
 Ⅱ. 사건의 개요
 Ⅲ. 소송의 경과
 Ⅳ. 평석
 Ⅴ. 결어
 참고문헌
 ABSTRACT

키워드

저자

• 심용재 [ Shim, Yong-Jae | 원광대학교 법학전문대학원 조교수, 법학연구소 연구위원. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340