2012년 행정법 중요 판례

Abstract

The Supreme Court made various types of decision in relation to administrative law for a year from January 1, 2012 to December 31, 2012. In 2012, in connection with administrative cases, excluding simple tax cases, trade fair cases, etc., decision by the Supreme Court Justices'Council unusually increased. It indicates that the Supreme Court changed under the leadership of the new chief justice named Sung-Tae Yang. In general, there are decisions to expand remedy of citizens' rights, but not a few decisions are found to be made conservatively in the viewpoint of public interest or in support of the Administration. In studying the important precedents made in connection with the administration law in 2012, this paper studied the trend and flow of the Supreme Court's administrative precedents, not in the method of comprehensively introducing individual cases or deeply annotating a limited number of particular precedents, but in the method of impartially selecting the Supreme Court's important precedents worthy of study in the aspects of legal principles and science to make general comments. But, a considerable number of decisions of the Supreme Court Justices' Council were not studied on account of space consideration. Also, administrative precedents of lower instance, decisions of the Constitutional Court comprising administrative issues and precedents of the Supreme Court concerning the special administrative law were not studied. Instead, this study principally analyzed and reviewed important administrative precedents made by the Supreme Court in 2012 around the general theory of administrative law and the area of administrative relief law.