취소소송의 소송물과 부관에 대한 권리구제

Abstract

Lately, there are many arguments on additional clause in science of administrative law. Specially, when additional clause violates people's right, the remedy against the violation is central subject. And the subject focus on possibility of independent contestation and possibility of independent cancellation of additional clause. However, possibility of independent contestation and possibility of independent cancellation of additional clause are relevant to matter of revocation suit. So I will consider matter of revocation suit and in accordance with matter of revocation suit consider possibility of independent contestation and possibility of independent cancellation of additional clause in this paper. There are two strong opinions on matter of revocation suit. the one is opinion that define matter of revocation suit as the whole of illegalities of disposition, the other is the opinion that define matter of revocation suit as legal argument of illegalities of disposition and violation of right by the illegal disposition. According to opinion that define matter of revocation suit as the whole of illegalities of disposition, The burden regarded as deposition can be the independent target of revocation suit in the form of pure partial revocation suit. But another additional clauses cannot be the target of revocation suit both in the form of pure partial revocation suit and in the form of impure partial revocation suit. According to opinion that define matter of revocation suit as legal argument of illegalities of disposition and violation of right by the illegal disposition, The burden regarded as deposition can be the independent target of revocation suit in the form of pure partial revocation suit. But among the additional clause except burden, separable additional clause from major disposition can be the independent target of revocation suit in the form of impure partial revocation suit but inseparable additional clause from major disposition can be the independent target of revocation suit in the form of impure partial revocation suit. Lastly, possibility of independent cancellation of additional clause is the requirement of suit. So court can decide only legality of additional clause. Between The opinions about matter of revocation suit, the opinion that define matter of revocation suit as legal argument of illegalities of disposition and violation of right by the illegal disposition is reasonable. the problem of possibility of independent contestation and possibility of independent cancellation of additional clause can be resolved according to that opinion.