行政訴訟에서의 調停의 可能性과 限界

다국어 초록 (Multilingual Abstract)

This article aims to study on ADR in administrative litigation, which is managed by the court in Korean Law. That is compromise and meditation. The former is expressly stipulated in the text of the law of administrative procedure, that is applied correspondingly to the law of civil procedure, but the latter is not provided in the law. However the necessity of the mediation in administrative litigation is a important problem. Thus this study suggests a prospective for a legal basis on the mediation in administrative litigation.
Although there is no provision of the mediation in the administrative law, at theoretical standpoint the mediation is possible in administrative litigation. Because the mediation is not contradictory to the attribute of the administration and the separation of powers principle. In the long view an express legislation of the mediation in administrative litigation is required in the law of administrative procedure or special law.
And the mediation in administrative litigation has the limit as a consideration of the interested third persons and agency. So the approval of them is necessary.

목차 (Table of Contents)

• Ⅰ. 序論
• Ⅱ. 豫備的 考察 - 調停과 和解의 區別
• Ⅲ. 行政訴訟事件에서의 調停의 可能性
• Ⅳ. 行政訴訟事件에서의 調停의 許容性ㆍ限界
• Ⅴ. 結論
• [Abstract]