행정소송으로서 당사자소송 활성화 방안

Abstract

As long as the Administrative Litigation Act stipulates that party litigation is a type of administrative litigation other than appeal litigation, it is desirable to actively utilize it. The difference between the positions of ‘the theory of using party litigation’ and ‘the theory of maintaining the field or expanding the appeal and litigation’ should be approached from the perspective of a harmonious resolution of administrative efficiency and the extent to which the people’s rights remedies will be expanded. In other words, if the appeal litigation is emphasized, administrative legislation, administrative plans, and various factual acts of the administrative agency are subject to cancellation litigation due to the expansion of disposition, and an explosive increase in the number of litigation cases is expected. there is In addition, it should be noted that there are also claims that the appeal litigation centered on the cancellation litigation has many problems in itself. In the end, party litigation is a litigation form that can create new types of litigation, and it is expected that the proportion of party litigation will increase in the context of modern administration rapidly changing from intrusive administration to benefits, planning, and facilitation administrative actions. As it is expected, the value of the theory of use of party litigation in that respect is sufficiently proven. Above all, in Korea, the entire revision of the Administrative Litigation Act has been announced several times in the past, and the content is not a revision to expand the disposition, but definition regulations, etc. Added. This is thought to suggest the strong will of the legislator, who expects similar effects to the expansion of disposition through the use of party litigation. Now, it can be said that the public debate has provided a sufficient opportunity to resolve disputes that could not be contested through appeals lawsuits due to the denial of “disposability” in the past. It is expected that the system will be established as a useful system for relieving rights.