한국에서의 법의 지배 : 인류의 보편적 지혜로서의 행정소송 -다원적 법비교를 통해 본 우리나라 행정소송의 현상과 발전방향, 재판관할과 소송유형을 중심으로-

Abstract

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...