처분의 하자와 판결의 기속력

Abstract

Nowdays, the military emphasizes not only professionalism and veteranism with the military particularity but also reasonability and democratism in the military management. As the constitution has ensured the military system as one of the public laws, the constitutional protection of the military system leads to the promotion system based on the Military Personnel Act which serves as the foundation of military personnel administration. This study explores key characteristics of promotion disqualification disposition in administrative litigation according to trial of court. Under deliberation on procedural flaw in administrative disposition based upon the classification of revocation and withdrawal, the course of the substantial justice unfolds with ascertaining the illegality of promotion disqualification disposition substituted for binding force of judgement on revocation of disposition. Consequently, this article reaches the conclusion that procedural flaw of discretional disposition is not to be the independent cause of revoking the administrative disposition without the essential influence on judgment coincident with binding force of judgement on revocation of disposition and substantial justice from the viewpoint of principle of confidence guardianship.