초록 열기/닫기 버튼
There is no study about object of dispute in Administrative appeal. But ADMINISTRATIVE APPEALS ACT includes the articles that premise object of dispute. So It is needed to establish object of dispute to apply the Nemo iudex sine actore, modification of appeal. About the object of dispute in appeals for revocation two opinions are thinkable. One is the opinion that illegalities or unjustness of disposition is the object of dispute appeals for revocation. The other is the opinion that appellant’s legal claims to want revocation or modification an illegal or unjust disposition is object of dispute. If object of dispute is illegalities or unjustness of disposition, it is possible following criticism. First, The opinion does not correspond the predominant view that appeals for revocation is appeal of formation. Second, different gist of claims are treated as same object of dispute. Third, too much Discretionary is allowed to administrative appeals commissions. Fourth, it does not correspond circumstantial rulings in article 44 of ADMINISTRATIVE APPEALS ACT. So it is resonable that the object of dispute in appeals for revocation is appellant’s legal claims to want revocation or modification an illegal or unjust disposition.
키워드열기/닫기 버튼
object of dispute in Administrative appeal, object of dispute in appeals for revocation, object of dispute, ADMINISTRATIVE APPEALS ACT, administrative appeal
