행정소송제도의 도입과 형성

Abstract

I tried, in this article, to show how and what elements had worked during the Judiciary formation period in Korea, studying the introduction history of the institution of administrative litigation. There appeared many conflicts in the introduction history of the institution of administrative litigation, such as of Anglo-American tradition and Continental tradition, of judicial circle and non-judicial circle in professional interests, and of understandings regarding democracy and the desirable relation of judicial power and administrative power. The Administrative Litigation Act was the product of compromise of the above-mentioned conflicts. My conclusion is that judicial members had most strongly supported the judicial type of administrative litigation in order only to secure the jurisdiction of administrative litigation, even though the proposed reason was that the judicial type was more suitable than the administrative type for protecting citizen's rights from administration. As a result, many elements relating to protection of citizen's rights were disregarded without serious consideration in compromising process.