현행 기관소송제도에 관한 소고

• 영문명: A Study on the Agency Litigation - Focusing on the Subject and Range of Review -
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김병기(Kim, Byung-Ki) 김동균(Kim, Dong-Kyun)
• 간행물 정보: 『법학논문집』法學論文集 第37輯 第1號, 237~270쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.03.31

영문 초록

When a dispute occurs in relation to the "agency's authority", Agency Litigation by the Administrative Litigation Act and Adjudication on Competence Disputes by the Constitutional Court Act exist as the means to resolve a dispute. Both have allowed many problems since their introduction and despite the various suggested solutions, there has been little progress in terms of administrating system and legislation. In the perspective of Administrative Law, every issue of dispute settlement system in terms of contestation concludes as the means to activate Agency Litigation. These issues include whether or not to define Agency Litigation as disputes between 'two agencies within equal legal bodies' and abolish the principle of legality of Agency Litigation, and the establishment of relation between Adjudication on Competence Disputes and Agency Litigation, etc. These disputes originate, for Adjudication on Competence Disputes has been governing administrative dispute as well as constitutional dispute between the agencies. These do not accord with the essence and purpose of the Constitutional Adjudication System thereby limiting the area of Agency Litigation that tries to avoid the overlap with Adjudication on Competence Disputes. The Supreme Court in 2004 and the Justice Department in 2012 have tried to extend the object and scope of Agency Litigation by amending the Administrative Litigation Act. Both amendment bill focused on abolishing the principle of legality of Agency Litigation. However, these efforts reveal limitations, for these took place before the definitive establishment of relation between Agency Litigation and Adjudication on Competence Disputes that accords with the respective Dispute Settlement System. The essence and purpose to introduce the system concerned should be focused to resolve the problems related to Agency Litigation and Adjudication on Competence Disputes. Accordingly, systematic improvement is suggested to have Adjudication on Competence Disputes undertake constitutional dispute between the agencies and Agency.

목차

Ⅰ. 서언

Ⅱ. 기관소송과 권한쟁의심판의 대상과 범위

Ⅲ. 현행법상 기관소송의 종류

Ⅳ. 행정소송으로서 기관소송의 위상 정립 방안

Ⅴ. 결 어

참고문헌

Abstract

키워드

행정소송법 기관소송 헌법재판제도 헌법재판소법 권한쟁의심판 Administrative Litigation Act Agency Litigation Constitutional Adjudication System Constitutional Court Act Adjudication on Competence Disputes