행정소송법상 관련청구소송의 분리 가능성 검토

Abstract

The Article 10 of the Korean Administrative Litigation Act prescribes onlytransfer and consolidation of litigation for related claim, without prescribing separationof litigation for related claim. I think the Supreme Court has negative perceptionon the separation of litigation for related claim. But I think it is better theseparation of litigation for related claim to be permitted, considering the meaningsof ‘litigation for related claim’ system that can be explained as litigation economy,prevention of contradiction between judgments and rapid trial. And I thinkso, considering activation of litigation for related claim, prevention problems thatis occurred when a suit is partially withdrawn, legal consistency with CivilProcedure Act, and protecting the plaintiff about period for bringing litigation. When the litigation for related claim is separated from the main administrativeclaim, if the litigation for related claim is administrative claim, it is fair the administrativecourt judge the litigation for related claim. If the litigation for relatedclaim is a civil claim, the administrative court should transfer it to the civil court. But if the litigation for related claim was transferred formerly from the civilcourt, the administrative court should judge because of the Article 38 of the CivilProcedure Act which prohibits re-transferring. In conclusion, I think it is better to permit the separation of litigation for relatedclaim and I think there are no matters in separate the litigation for related claim.