한국에서의 법의 지배 : 인류의 보편적 지혜로서의 행정소송 -다원적 법비교를 통해 본 우리나라 행정소송의 현상과 발전방향, 재판관할과 소송유형을 중심으로-
Judicial Review of Administrative Action as Universal Wisdom of Mankind -Present Situation & Future Improvement of Korean Institution Surveyed through a Pluralistic Comparative Law Approach-

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서울대학교 법학연구소
법학, Vol.42 No4 pp.66-109
법의 지배(rule of law) 원칙사법심사청구제도행정법․행정소송행정재판권
In administrative law area the “rule of law” can be realized when
administrative agencies have authority and discretionary power to further public
interest and at the same time assure that their actions stay within the
boundary of law. These two goals are very often in conflict with each other
in the real world. It is the administrative litigation where these conflicting
goals of administrative law should finally be achieved. And the goals also
differentiates administrative litigation from ordinary civil or criminal litigation.
Each country having its own administrative law and administrative litigation
system has different political and social backgrounds, different legal institutions
and concepts. But the goal pursued in administrative litigation is common: to
strike a balance between allowing enough power to agency and controlling the
legality of its excercise. In such a context the author states that administrative
litigation is the product of an universal wisdom of the human race.
Since democratization took place in the 1980s Korea has been developing one
of the broadest judicial review in Asia over administrative actions, and cases
and theories in that field have accumulated for fifty years. Such a development,
in part can be attributed to Korean citizen's strong sense of “legal right.” But it
is also true that its administrative litigation system has defects which are
waiting to be fixed. It is necessary, to recognize the defects properly and find
ways to improve the system. The author argues a comparative study of foreign...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 42, Number 1/4 (2001)
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