항고소송에서의 소송상 화해

Abstract

The lawsuit is finally terminated by the court’s decision. Civil action allows reconciliation in a dispute resolution way in which a lawsuit is terminated by agreement of the parties(Civil Procedure Act, Article 220). The settlement is a legal proceeding whereby a judge hears allegations of the parties in dispute, and taking various factors into account, either advises them to make mutual concessions and to seek a compromise solution or renders a compulsory decision to that effect. The civil reconciliation proceedings are very useful methods for dispute resolution that they are more convenient, expeditious and inexpensive than adjudication proceedings, and lead to the ultimate resolution of disputes through an agreement by the parties. Appeals suit may also be considered to close the case by the parties' intention, not by the judgment. But, the Administrative Litigation Act does not have a substantive provision for reconciliation. On the other hand, the Administrative Litigation Act regulates that "With respect to the matters not provided for in this Act concerning administrative suits, the provisions of the Court Organization Act, the Civil Procedure Act, and the Civil Execution Act shall apply mutatis mutandis."(Article 8(2)). Therefore, focused on the "reconciliation in a suit" permitted by Article 220 of the Civil Procedure Act, it was analyzed and arranged in relation to the disputes arising in connection with the application of Article 8, Paragraph 2 of the Administrative Litigation Act. From this point of view, this paper was studied a legal issues related to apply mutatis mutandis of the Civil Procedure Act in appeals suit. This paper is organized as follows; Chapter Ⅰ. Preface Chapter Ⅱ. Reconciliation in the Civil Action Chapter Ⅲ. Theories on the admissibility of reconciliation in the appeals suit Chapter Ⅳ. Analysis and Comment Chapter Ⅴ. Conclusion