A legal review of the jurisdiction of duties in civil and public litigation
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If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.
Abstract
If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.
참고문헌 (12)
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- A Study on the Reorganization of the Parties Litigation System Following the Revision of the Administrative Litigation Act, "Korean Administrative Law Society", Court Administration, 97~ (2014)
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- A Study on the Reorganization of the Parties Litigation System in accordance with the Revision of the Administrative Litigation Act, "Korean Administrative Law Society", 22~
- Jeong Ha-joong, "Introduction to Administrative Law", pp.833~ (2020), Beopmunsa
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- "Supreme Court on February 15, 1996, sentencing, 94da31235, decision of the all-inclusive body", ~
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- Seungyoon Jeong, "Administrative Litigation Act", pp.40~ (2012), Book Publishing D&B
- "Theory and Practice of Administrative Litigation", pp.26~ (2014), Seoul Administrative Court Practical Research Society, Judicial Development Foundation
- Myeong-Ho Ha, "Distinguishing between party litigation and civil litigation under public law and handling in litigation", pp.54~ (2008), Human Rights and Justice
- "Supreme Court 1961.11.23..Sentencing 4294 Pedestrian 64Supreme Court sentenced on June 15, 1989 Supreme Court sentenced on May 24, 1994, 92da35783 decision", ~