제국일본의 행정재판법제와 식민지조선에의 시행 여부

Abstract

The idea of modernization solely for the purpose of economic growth, which was promoted in Japan during the Meiji era, ignored other characteristics of Western modernity that focused on discovering individuality and the state existing to guarantee individual basic rights. Hence, the rule of law was understood as accepting the rule of executive powers rather than legal control of the executive powers. Based on this distorted view of separation of powers, an administrative litigation system emphasizing the limitations of judicial powers was established, and an administrative trial system was designed under the idea of such administrative superiority. This resulted in a guarantee of freedom for the administration and less judicial protection of ordinary citizens. But Colonial Joseon did not even implement this imperfect administrative litigation system. After liberation, Korea imitated the administrative litigation system of Japan and imported its interpretations. We need to undertake the task of reflecting on the administrative law system of Korea which has been formed and developed under the influence of such distorted modernization, and comprehend the present significance of administrative litigation laws to build a coherent system.