2022년 행정법(Ⅱ) 중요판례평석

Abstract

This study aims to review the contents and meanings of 9 notable precedents in the field of individual administrative law which were decided in the Supreme Court in 2022. The precedents selected are as follows: ① Whether a corporation falls under a ‘resident’ under the 「Local Autonomy Act」(Supreme Court Decision 2020Du58427 Decided April 14, 2022), ② Respect for local financial autonomy and limitations of delegated legislation(Supreme Court Decision 2020Chu5169 Decided April 14, 2022), ③ Scope of discretionary authority over personnel of a person with appointing authority(Supreme Court Decision 2021Do13197 Decided February 11, 2022), ④ Significance of release from position under the 「State Public Officials Act」 and validity period of release from position(Supreme Court Decision 2022Du45623 Decided October 14, 2022), ⑤ Method of public announcement and notification to determine the base date of the official land price of the officially announced price of representative land for the exclusion of development profits(Supreme Court Decision 2021Du45848 Decided May 26, 2022), ⑥ Purpose and scope of recognition of ‘attendance in person’ in a resolution in a general meeting under the 「Act on the Improvement of Urban Areas and Residential Environments」(Supreme Court Decision 2021Du56350 Decided May 12, 2022), ⑦ Binding force of individual agreements between an association for a housing reconstruction and improvement project and its members, and relief through the principle of protection of trust in case of violation of such agreements(Supreme Court Decision 2022Da206391 Decided July 14, 2022), ⑧ Right to measures for urgency of directors of a school corporation whose term of office has expired and the appointment of temporary directors(Supreme Court Decision 2022Du35671 Decided August 25, 2022), ⑨ Respect for margin of judgement and burden of proof(Supreme Court Decision 2021Du58912 Decided September 16, 2022).