최근(2020-2021) 일본 행정판례의 동향과 검토-COVID-19 관련 가처분사건 동향을 포함하여-

Abstract

This paper shows some cases of Japanese administrative law from 2020 to 2021 especially worth implying for Korea. General cases of administrative law and the State Tort Liability Act are studied from the perspective of the general theory of administrative law; Official Information Disclosure Act, the Public Assistance Act, and environmental law as cases of each administrative domain are divided as to its subject; finally, relevant cases of Covid-19 in Japan as a reflection of the main topic of this academic conference are introduced. In the domain of general administrative law, the case of payment cancellation of Natural Disaster Victims Relief Law where Legal Prerequisites of revocation of beneficial administrative dispositions by government authorities mattered, the case of deviation from the scope of delegation of public notification with regard to Local Tax Law that stipulated the permission requirement for enforcement of so-called hometown tax mattered, the case which examined the standard for relevancy to official duty from residents’ lawsuits that mattered illegality of a governor using an official vehicle, the case which reviewed the disposability of disposition on suspension of attendance of a local council member are studied. From the domain of national compensation, whether a majority of public officials are in solidarity with their country to be in charge of liability for indemnity as a national compensation Act is discussed. As for the domain of individual administrative law, the case where the interpretation of the Privacy Information Protection Act which was excluded from the subject of disclosure on relevant information regarding a criminal case where a pretrial detainee from jail was refused his medical record to go public mattered, and in the revision for the National Assistant Act that changed the minimum cost of living for livelihood assistance, whether there was illegality involved in the process are reviewed. From the domain of environmental law, the case of consolation money for the nuclear disaster refuge, livelihood litigation from a nuclear power plant accident, and prohibition of operation injunction of a coal-fired power plant are reviewed; they all have one thing in common that the right to peaceful life was used as evidence of judgment. Concerning COVID-19, injunction for the prohibition of disposition enforced against Go To Travel which the government implements as an incentive program to encourage traveling, the Olympic preliminary injunction case regarding the 2020 Tokyo Olympic, compensation for damages for an executive order on shortening operating hours based on the special acts, and claiming the benefit of disaster support of sex entertainment business workers who were excluded from the list of covid relief fund are reviewed. From issues mentioned above, limitation on cancellation of authority, judgment of legitimacy on delegated order, requirements of relevancy to duty as a standard for judgment on government affairs, disposition regarding the suspension of attendance on a member of a local council, liability of indemnity of the State Tort Liability Act, reasons for non-disclosure on relevant information of a criminal case as Freedom of Information Act, review of administrative judgment process as a method of judgment for the legitimacy of adjustment of living protection standards, the right to peaceful life as grounds for relief from environment damages, and damage relief amid disaster situations incurred from various national policies due to COVID-19 are discussed. Some judgment of cases seemed behind time but hometown tax will be implemented in Korea, and especially the right to peaceful life in environmental law is considered a matter that needs a much deeper study further on.