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부작위위법확인소송의 소송요건 - 대상판결: 대법원 2009.7.23. 선고 2008두10560 판결 -

원문정보

The Condition of lawsuit of litigation for affirmation of illegality of administrative omission

심용재

피인용수 : 0(자료제공 : 네이버학술정보)

초록

영어

The Condition of lawsuit of litigation for affirmation of illegality of administrative omission Shim, Yong-Jae 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

저자정보

  • 심용재 Shim, Yong-Jae. 원광대학교 법학전문대학원 조교수, 법학연구소 연구위원.

참고문헌

자료제공 : 네이버학술정보

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