행정소송에서의 특수한 유형의 청구취지 기재방식

Abstract

While difficulties in specification and entry of purport of the claim is a common problem in filing of a lawsuit, the difficulty in administrative litigations is even more aggravated due to their technical nature and limitations caused by separation of powers. Furthermore, since there is a limitation imposed by the filing period of a lawsuit in administrative litigations, there is a concern to have fatal disadvantages of dismissal inadvertently due to overdue filing period when purport of the claim was incorrectly indicated, its importance in a working-level may be said to be more magnified. With recognition of such problems, the present article gives considerations to writing methods of purport of the claim of several special types occurring in the process of administrative litigations. Namely, debates related to the entry methods will be examined in order for the cases related to taking of seeking increase or decrease of compensations, filing a lawsuit for the remainder land. seeking cancellation of added provisions, the cases related to corrective disposal including corrective increment disposal or corrective decrement disposal, the cases of amended adjudication in an administrative trial process, the cases of filing an institutional litigation for local assembly's re-voting, the cases of litigation for fulfillment of obligations, etc. When we are practically commissioned for an administrative litigation, the first thing encountered upon will be a problem of how to compose purport of the claim. the present article is considered to be able to provide some help with the involved parties taking charge of administrative litigations in the future.