부작위위법확인소송의 소송요건

• 영문명: The Condition of lawsuit of litigation for affirmation of illegality of administrative omission
• 발행기관: 원광대학교 법학연구소
• 저자명: 심용재(Shim Yong Jae)
• 간행물 정보: 『원광법학』제29권 제3호, 233~256쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

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

부작위위법확인소송 원고적격 법률상 이익 대상적격 본안판단 전심절차 제소기간 illegal administrative omission standing to the sue legal interest Judicial precedents the period of the lawsuit