2019년 행정판례 동향 = A General Survey on Recent Cases of Administrative Law in 2019

다국어 초록 (Multilingual Abstract)

Case law is a bridge between theory and practice. Case law is a practical outcome of legal theory and serves as a measure to examine to what extent legal theory is applied in actual cases. At the same time, the emergence of precedents different from the existing theories is an opportunity to seek to establish a new legal theory or to enact new legislation. In particular, in the area of administrative law, which considers the rule of law as an imperative task, analyzing Korean administrative precedents is a basic work to determine the degree of administration of the law in Korea.
On the other hand, in that case law is the result of legal life, it is possible to predict the direction and trend of social development in the future as well as in those days. Therefore, it is necessary to review the precedents for each year by dividing them in a timely manner and reviewing them continuously with temporal continuity, as it has its own significance.
In this article, important precedents in the theory and practice of administrative law and social ramifications were selected in terms of new legal interpretations and concrete cases among the precedents sentenced during 2019, excluding precedents that follow the existing precedents as they are.
The classification method of the selected precedents was based on the existing classification system of “A General Survey on Recent Cases of Administrative Law” published in a law journal called “Administative Law Journal”. As for the description method, first of all, since the court has a strong tendency to focus on concrete validity, it is decided to highlight the characteristics of individual cases as faithfully as possible by reproducing the facts as they actually existed. The contents of precedents, such as the summary of the case, the course of the lawsuit, main Issues and holdings, summary of decision and reasoning, were introduced in an appropriate manner in consideration of the weight of each of the selected precedents, and appropriate and concise explanations were provided.
As for the narrative method, first of all, since the court has a strong tendency to value concrete validity, it was decided to highlight the characteristics of individual cases in as much detail as possible by faithfully reconstructing the facts as they existed. Next, considering the weight of each of the selected precedents, it was decided to introduce the contents of precedents, such as the summary of the case, the proceedings of the lawsuit, main Issues and holdings, summary of decision and reasoning in an appropriate manner, and provide appropriate and simple analysis and commentary corresponding thereto.
In this way, the recent trends of the Supreme Court and Constitutional Court's precedents related to administration in 2019 were reviewed and you will find brief information on the two court’s latest decisions in major cases.

참고문헌 (Reference)

1 최선웅, "행정소송에서의 재량행위에 대한 사법심사사유" 행정법이론실무학회 (59) : 17-61, 2019

2 최선웅, "행정소송에서의 석명의무의 인정근거― 우리나라 행정소송의 독자성을 모색하며 ―" 행정법이론실무학회 9 : 2-156, 2003

3 최선웅, "행정소송에서의 기속재량" 행정법이론실무학회 (52) : 131-159, 2018

4 최선웅, "재량과 판단여지에 대한 사법심사" 한국행정판례연구회 18 (18): 3-38, 2013

5 최선웅, "불확정법개념과 판단여지" 행정법이론실무학회 (28) : 95-133, 2010

6 김지현, "대법원판례해설 제121호(2019년 하)" 2019

7 김지현, "대법원판례해설 제120호(2019 상)" 2019

8 우미형, "대법원판례해설 제119호(2019년 상)" 2019

9 문현호, "대법원판례해설 제119호(2019 상)" 2019

10 최선웅, "最近 行政關聯判例 動向(제60호)" 행정법이론실무학회 (60) : 221-269, 2020

11 최선웅, "最近 行政關聯判例 動向(제59호)" 행정법이론실무학회 (59) : 137-176, 2019

12 최선웅, "最近 行政關聯判例 動向(제58호)" 행정법이론실무학회 (58) : 241-275, 2019

13 최선웅, "最近 行政關聯判例 動向(제57호)" 행정법이론실무학회 (57) : 141-181, 2019

14 최선웅, "[자료] 행정판례의 최근 동향" 행정법이론실무학회 (61) : 179-209, 2020