행정소송상 화해의 허용성에 관한 연구

• 영문명: A Study on Admissibility of Settlement in Administrative Litigation
• 발행기관: 원광대학교 법학연구소
• 저자명: 김상태(Kim, Sang-Tae)
• 간행물 정보: 『원광법학』제23권 제2호, 243~266쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

No one denies that settlement in administrative litigation has a broad utility in practical affairs for all that it has not enough legal ground in current law, and contribute to a rapid and economic solution of administrative litigation. However, currently we don’t have definite regulations about legal characteristics of the settlement in practical affairs, which include various problems even at the time of applying settlement in Civil Procedure Act. Above all, there are still theoretical discussions on whether settlement is possible in administrative litigation since Administrative Litigation Act doesn’t still have official regulations of settlement. Thus, the Supreme Court prepared for a revised bill of Administrative Settlement Act considering characteristics of administrative litigation as well as accepting settlement in Civil Procedure Act. The revised bill has core contents that it limits an object of settlement decision to the cases that disposals of administrative agencies are deviated and abused their discretion and to the cases of curable procedure flaw exceptionally, considering rights relief of administrative litigation and control function of administrative legality, and contents of the settlement bill should not also escape legal limits. Only, I think that it is an urgent problem to prepare for proper and concrete regulations of Administrative Litigation Act by supplementing such a revised bill since the revised bill also has indefinite regulations and problems about legal effect are still not settled by only application of procedure.

목차

Ⅰ. 시작하며

Ⅱ. 행정소송상 화해의 이론적 고찰

Ⅲ. 행정소송상 화해의 허용성에 관한 논의

Ⅳ. 마치며

참고문헌

Abstract

키워드

화해 화해권고 재판상 화해 행정소송 행정소송법 Settlement demand for settlement judicial settlement administrative litigation Administrative Litigation Act