행정소송법상 취소소송의 제소기간에 관한 고찰 - 대법원 2014. 9. 25. 선고 2014두8254 판결 -

Abstract

The Period for Bringing Litigation of Administrative Litigations is enacted for the purpose of ensuring the just and prompt handling of the administrative act and protecting the lawful rights of the pursuant. The length of the period for bringing litigation depends on the legislation policy. The Period for Bringing Litigation of Revocation litigation is fundamental to Administrative Litigation Act. A revocation litigation shall be instituted within 90 days from the date a disposition is known. Also, the litigation shall be instituted within one year from the date disposition is made. If a litigation is requested after an administrative adjudication is made, it shall be instituted within 90 days from the date the exemplification of a written adjudication is served and one year from the date the adjudication is made. The date a disposition is known means the actual date of acquisition of the information. Service shall be made by means of mail, delivery, information and communications networks, etc. in case there is a defender. The notification shall be made even if the defender is aware of the disposition prior to Administrative agency's notice. Therefore, the date a disposition is known indicates the date when the disposition becomes effective. However, the third-party has a limited access to the knowledge of disposition. In this case, the litigation shall be instituted within one year from the date the disposition is made. If the third-party is aware of the disposition through whichever path, the litigation shall be instituted within 90 days and shall not be instituted after the lapse of one year from the date the disposition is made. The literal meaning of the date disposition is made indicates the date when administrative agency announced disposition. But the disposition shall be announced externally in order to be effective. The act of internal decision of disposition by administrative agency can not be acceptable. Therefore, the service should be made in a written form or by announcing externally. At this point, the date disposition is made indicates the date administrative disposition becomes effective. Consequently, the date disposition is known is equivalent to the date disposition is made.